The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time.
Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full period for bringing proceedings afforded by the Limitation Acts. Provided the claimant takes any necessary step required to enable the proceedings to be started he does not take the risk that, for example, the court may be closed or will not process his claim properly. It seems to me that paragraph 5.1 of the Practice Direction reflects this understanding. ‘
Judges:
Tuckey LJ, Arden LJ, Lloyd LJ
Citations:
[2006] EWCA Civ 1372, Times 17-Nov-2006, [2007] 3 All ER 525, [2007] 1 WLR 879
Links:
Statutes:
Limitation Act 1980 11(3), Civil Procedure Rules 7.2
Jurisdiction:
England and Wales
Citing:
Cited – Pritam Kaur v S Russell and Sons Ltd CA 2-Jun-1972
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
Cited – Riniker v University College London CA 31-Mar-1999
The writ office of the High Court unjustifiably rejected a writ which the plaintiff asked to be issued and did not issue it until the limitation period had expired. The court held that it had inherent jurisdiction to direct that the writ should be . .
Cited – Salford City Council v Garner CA 27-Feb-2004
The tenancy had been an introductory tenancy. The council sought to terminate the tenancy, delivering the papers to the court before the anniversary.
Held: The proceedings were not begun under the section until the court issued the claim form. . .
Cited – Van Aken v Camden London Borough Council CA 11-Oct-2002
The appellant sought to appeal a review of his application for housing. The appeal was lodged at court after close of business on the last day of the statutory time limit. The court decided it was delivered out of time.
Held: The Act required . .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 22 November 2022; Ref: scu.245587