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Roberts v Crown Estate Commissioners: CA 20 Feb 2008

The commissioners sought to claim title to a foreshore by adverse possession. The claimant asserted that he had acquired title in his capacity of Lord Marcher of Magor which had owned the bed of the estuary since the Norman Conquest, and that the Crown could not acquire title by adverse possession, by a wrong against … Continue reading Roberts v Crown Estate Commissioners: CA 20 Feb 2008

Davies and Others v Secretary of State for Energy and Climate Change: CA 25 Oct 2012

The claimants sought leave to bring cases in negligence in respect of their working conditions in coal mines between 1954 and 1994 which, they said resulted in osteoarthritis of the knee. The claims were well outside the standard limitation period. Judges: Mummery, Hallett, Tomlinson LJJ Citations: [2012] EWCA Civ 1380 Links: Bailii Statutes: Limitation Act … Continue reading Davies and Others v Secretary of State for Energy and Climate Change: CA 25 Oct 2012

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005

The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in the Second World War. Held: The review … Continue reading Fogg and Ledgard v The Secretary of State for Defence, Short: Admn 13 Dec 2005

Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005

Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005

Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Kawasaki Kisen Kabushiki Kaisha of Kobe v Bantham Steamship Company Limited: CA 1939

The case was heard against the background of an armed conflict between Japan and China. The charterparty contract included a clause providing for cancellation ‘if war breaks out involving Japan’. Held: The court rejected an argument that the meaning of ‘war’, when found in a charterparty, was to depend on either the question whether war … Continue reading Kawasaki Kisen Kabushiki Kaisha of Kobe v Bantham Steamship Company Limited: CA 1939

If P and C Insurance Limited (Publ.) v Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot;: CA 5 Jul 2004

The shipping company was insured against loss of business following Acts of war. It sought to claim after the attack on America in September 2001. Held: The policy had a limitation which applied ‘in the annual aggregate and in all’ which therefore prevented separate sums in respect of each ship exceeding this sum in total. … Continue reading If P and C Insurance Limited (Publ.) v Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot;: CA 5 Jul 2004

Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005

The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis should be allowed to sink back to the ocean bottom. It would muddy the … Continue reading Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Holland and Cave v The Nevill Estate Company Ltd: LRA 6 Oct 2006

LRA Beneficial Interests, Trusts and Restrictions : Other – Right of Reverter – Adverse Possession – Intention to Possess – Charities – Unincorporated Association – Parish Club and Reading Room — Literary and Scientific Institutions Act 1854 – Limitation Act 1939 – Reverter of Sites Act 1987 Citations: [2006] EWLandRA 2005 – 0779 Links: Bailii … Continue reading Holland and Cave v The Nevill Estate Company Ltd: LRA 6 Oct 2006

McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore a constructive total loss (‘CTL’). They said the cause of the loss … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

Legal Services Commission v Henthorn: QBD 4 Feb 2011

The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011

Lowsley and Another v Forbes (Trading As I E Design Services): HL 29 Jul 1998

The plaintiffs, with the leave of the court, had obtained garnishee and charging orders nisi against the debtor 11 and a half years after they had obtained a consent judgment. Held: An application by the judgment debtor to set aside the orders on the ground that they were statute barred under section 24(1) should be … Continue reading Lowsley and Another v Forbes (Trading As I E Design Services): HL 29 Jul 1998

Arnold v Central Electricity Generating Board: HL 22 Oct 1987

The plaintiff was widow and administratrix of the estate of her deceased husband. He had worked from April 1938 to April 1943 for a predecessor to the CEGB. He had been exposed to asbestos dust as a result of his employer’s negligence and breach of duty. In 1981 he began to suffer mesothelioma, a long-delayed … Continue reading Arnold v Central Electricity Generating Board: HL 22 Oct 1987

Morton – Norwich Products v Intercen (No 2): ChD 1981

The plaintiffs had alleged patent infringement and now sought to recover the costs of the action it had had to take for discovery as against HM Customs and Excise, which they said had been necessary to discover the extent of the concealed fraud alleged against the defendants. As a result of the concealment the plaintiffs … Continue reading Morton – Norwich Products v Intercen (No 2): ChD 1981

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

Kimathi and Others v Foreign and Commonwealth Office: QBD 24 May 2018

The claimants sought damages alleging commission of atrocities in Kenya in the 1950s. The defendant sought to argue limitation, and the claimants now argued that the limitation period did not apply because of deliberate concealment by the defendant. Judges: Stewart J Citations: [2018] EWHC 1169 (QB) Links: Bailii Statutes: Limitation Act 1939 26 Jurisdiction: England … Continue reading Kimathi and Others v Foreign and Commonwealth Office: QBD 24 May 2018

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others: ChD 24 Mar 1999

One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s son. On her death, the other children argued that the share to be taken by … Continue reading In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others: ChD 24 Mar 1999

Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016

The issue raised on this appeal concerns the extent to which the jurisdiction of the First-tier Tribunal to make an order for costs is fettered by the provisions of the Rules regulating the procedure of the Tribunal. Held: With one exception, under rule 10(1), the FTT can only make two types of costs order. The … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: SC 11 May 2016

Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004

Land had been purchased which was subject to a restrictive covenant. The papers did not disclose the precise extent of the dominant land, the land which benefitted from the restriction. Held: The land having the benefit of a covenant had to be easily ascertainable. It would be oppressive to expect a purchaser of land to … Continue reading Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004

BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose from risks which it was no part of … Continue reading BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use. Held: The judge worked within a strict statutory framework. His task was to calculate the application of that law, … Continue reading Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

Somerville v Scottish Ministers: HL 24 Oct 2007

The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Kastor Navigation Co Ltd and Another v AGF M A T and others (Kastor Too”): ComC 4 Dec 2002″

References: [2002] EWHC 2601 (Comm), [2003] 1 All ER (Comm) 277, [2003] 1 Lloyd’s Rep 296 Links: Bailii Coram: Tomlinson J Ratio: The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others (Kastor Too”): ComC 4 Dec 2002″

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Central Electricity Generating Board v Halifax Corporation: HL 1963

Under the 1947 Act, the assets of electricity undertakings were transferred to to electricity boards. Property held by local authorities as authorised undertakers should, on vesting day, vest in the relevant board. A question arose as to whether certain monies had been held by the local authority and the question was referred to the minister, … Continue reading Central Electricity Generating Board v Halifax Corporation: HL 1963

W T Lamb and Sons v Rider: CA 1948

The judge at first instance had rescinded the master’s order giving leave to the judgment creditor to proceed to levy execution although six years had passed since the judgment. On appeal the judgment creditor challenged the validity of the rule of court dating from 1883 requiring leave to proceed to levy execution. It was contended … Continue reading W T Lamb and Sons v Rider: CA 1948

Leivers v Barber Walker and Co Ltd: CA 1943

Goddard LJ (dissenting) said that section 2(1)(d) of the 1939 Act changed the former position altogether, leaving the provision for limitation as regards specialties to apply only to deeds and other documents under seal (or to claims other than for the recovery of money). Judges: Goddard LJ Citations: [1943] KB 385 Statutes: Limitation Act 1939 … Continue reading Leivers v Barber Walker and Co Ltd: CA 1943

Wimpey (George) Co Ltd v British Overseas Airways Corporation: HL 1954

A joint tortfeasor could escape liability in contribution proceedings if it had been unsuccessfully sued by the injured person in an action brought outside the relevant limitation period. Where a court has to decide between two competing cases, if the arguments are fairly evenly balanced that interpretation should be chosen which involves the least alteration … Continue reading Wimpey (George) Co Ltd v British Overseas Airways Corporation: HL 1954

Marren v Dawson Bentley and Co Ltd: 1961

Compensation was sought for injuries received in the course of employment. Held: The limitation period was to be calculated to have started on the day after the occurrence which founded the claim, the day itself being excluded from the calculation. Judges: Havers J Citations: [1961] 2 All ER 270, [1961] 2 QB 135 Statutes: Limitation … Continue reading Marren v Dawson Bentley and Co Ltd: 1961

McCafferty v Metropolitan Police Receiver: CA 1977

The test of whether a plaintiff had sufficient knowledge to justify the start of time running against her takes into account her subjective characteristics but then applies an outsider’s view of what she should have thought.Geoffrey Lane LJ said in relation to section 2A(7): ‘[I]t is clear that the test is partly a subjective test, … Continue reading McCafferty v Metropolitan Police Receiver: CA 1977

Cartledge v E Jopling and Sons Ltd: HL 1963

The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of duty by their employers which contributed to their condition after 1 October 1950. The … Continue reading Cartledge v E Jopling and Sons Ltd: HL 1963

Beaman v ARTS Ltd: CA 1949

The italian plaintiff had left Egland in 1935 leaving certain valuables with the defendants for safe keeping. During the war, the property was released to the authorities as alien property, who, informed by the defemdant that they were of no value, gave them to the Salvation Army. The plaintiff returned in 1946, and after discovering … Continue reading Beaman v ARTS Ltd: CA 1949

Tintin Exploration Syndicate Ltd v Sandys: 1947

The court considered the ability of a de facto director to rely on the 1939 Act as a defence to an action by the company to recover ‘trust property’. Held: The defence failed. The court considered the circumstances in which fiduciary duties might arise, and said that the de facto directors exercised command and control … Continue reading Tintin Exploration Syndicate Ltd v Sandys: 1947

Byrne and Byrne v Hall Pain and Foster (a Firm) and others: CA 11 Dec 1998

The cause of action in an action for professional negligence in purchase of land ran from the date of exchange of contracts not completion, and the limitation period was to be calculated accordingly. Judges: Simon Brown, Otton, Schiemann LJJ Citations: Times 08-Jan-1999, Gazette 03-Feb-1999, [1998] EWCA Civ 1939, [1999] 1 WLR 1849, [1999] PNLR 565 … Continue reading Byrne and Byrne v Hall Pain and Foster (a Firm) and others: CA 11 Dec 1998

Hughes v Metropolitan Railway Co: HL 1877

A notice to repair had been served by the landlord on the tenant. The tenant wrote offering to buy the premises and proposed deferring the commencement of repairs until the landlord responded. The landlord replied by letter asking the price. It was held that those letters had the effect of suspending the notice. The tenant’s … Continue reading Hughes v Metropolitan Railway Co: HL 1877

D and C Builders Ltd v Rees: CA 1966

The plaintiff builders had been chasing payment of their undisputed invoice. Knowing that the builders were in financial difficulties, the defendant offered rather less, saying that if it was not accepted, she would pay nothing. She made the payment in full and final satisfaction of the debt. Held: The claim for the balance succeeded. The … Continue reading D and C Builders Ltd v Rees: CA 1966

Spinneys (1948) Ltd v Royal Insurance Co Ltd: 1980

The court considered the meaning of ‘war’ in the context of an insurance contract: ‘The issue is not whether the events in Lebanon were recognised in the United Kingdom as amounting to a civil war in the sense in which the term is used in Public International Law with the corollary that this country would, … Continue reading Spinneys (1948) Ltd v Royal Insurance Co Ltd: 1980

Donovan v Gwentoys Ltd: HL 1990

The plaintiff, then a 16 year old girl slipped and fell whilst employed at the defendant’s factory. The limitation period expired on her 21st birthday. She commenced proceedings five and a half months after that date. The judge extended time under LA section 33, holding that he could only consider prejudice suffered by the defendant … Continue reading Donovan v Gwentoys Ltd: HL 1990

Jessamine Investment Co v Schwartz: CA 1978

The tenants Mr and Mrs Levy did not know their landlord Mrs David’s address and had no means of paying the rent. Held: They had acquired the title by adverse possession against their mesne landlord (Mrs David) – but that nevertheless their statutory tenancy had continued against the freeholder.Sir John Pennycuick said that: ‘I should … Continue reading Jessamine Investment Co v Schwartz: CA 1978

Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) of the Limitation Act 1939 should not afford a defence to the proposed … Continue reading Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Hayward v Chaloner: CA 1968

The alleged tenant (the rector of a parish) knew that rent should have been paid but had not paid it. ‘Only one of the previous rectors gave evidence. He was the Rev. Richard Phillips (dates) He knew the rectory cottages and said that the land behind the cottages was used by the occupants, including the … Continue reading Hayward v Chaloner: CA 1968

Spectrum Investment Co Ltd v Holmes: ChD 1981

The plaintiff company acquired the registered freehold title of a house in 1957. The house was already demised on a long lease. The leaseholder had sublet to the defendant, who, by continuous non-payment of rent, had, by 1963, acquired a prescriptive title against her. In 1968 the defendant sought registration as proprietor of the leasehold … Continue reading Spectrum Investment Co Ltd v Holmes: ChD 1981

Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977

Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977

Hyde v Pearce: CA 18 Nov 1981

The court was asked whether the appellant’s occupation of land had been adverse for a particular period. Cumming-Bruce, Templeman, Ackner LJJ [1982] 1 WLR 560, [1981] EWCA Civ 3 Bailii Limitation Act 1939 4(3) 10 England and Wales Land, Limitation Updated: 11 December 2021; Ref: scu.262682

Wallis’s Cayton Bay Holiday Camp Ltd v Shell-Mex and BP Ltd: CA 10 Jul 1974

A strip of land between a holiday camp and a garage had been conveyed as an intended roadway. It had not been fenced. A plot of land was sold by the previous farmer to the garage. Later the plaintiffs bought the farm, excluding the roadway, and the disputed land. They farmed the disputed land for … Continue reading Wallis’s Cayton Bay Holiday Camp Ltd v Shell-Mex and BP Ltd: CA 10 Jul 1974