Brennan v Brighton Borough Council: CA 7 May 1997

Where there was still a possibility of a claim for restitution, a decision to strike out the action on the basis that there was no extant cause of action, was wrong.

Citations:

Times 15-May-1997

Statutes:

Limitation Act 1980 35(5)

Jurisdiction:

England and Wales

Citing:

CitedPontin v Wood CA 1962
The writ had been issued just before the expiration of the relevant limitation period in a defective form in that it was endorsed merely with the words ‘the plaintiffs’ claim is for damages for personal injuries’. The judge in chambers held that the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 November 2022; Ref: scu.142024