The court considered the effect on limitation of a person taking steps to disguise the identity of a potential defendant. Held: Where the employer’s identity had been ‘hidden’ under mere reference to a corporate group, the date of knowledge only came when the employee learned his employer’s actual name. Citations:  1 WLR 968 Statutes: … Continue reading Simpson v Norwest Holst Southern Ltd: CA 1980
A workman contracted pneomoconiosis and knew all the relevant facts but was advised by the local secretary of his trade union that he could not sue. His later claim was met by a defence of limtation. Held: The action was time barred. Citations: 1980 SC (HL) 46 Jurisdiction: England and Wales Cited by: Cited – … Continue reading McIntyre v Armitage Shanks Ltd: HL 1980
Breaches of articles in the European Treaty by the UK government were tortious in nature, and the appropriate limitation period for claiming was governed by section 2 (six years). The government had failed to allow European fishing vessels into its waters, and had made itself liable for damages. Once this became clear, applicants sought to … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000
A coroner was obliged to sit with a jury under the section 13(2) of the 1926 Act where the deceased, who was watching a demonstration, was struck a violent blow on the back of his head from which he died.Bridge LJ said: ‘The key to the nature of that limitation is to be found, I … Continue reading Regina v Her Majesty’s Coroner at Hammersmith ex parte Peach: CA 1980
The court will not add a person as a defendant to an existing action if the claim was already statute-barred and he wished to rely on that defence, and if the court allows such addition ex parte it will not, on objection allow the addition to stand. Where a defendant is added under Ord.15 r.6 … Continue reading Liff v Peasley: CA 1980
Appeal against refusal to excuse claim in slander being out of time. The claim was in respect of the claimant being ‘disfellowed’ by the Society. Held: The claim form was in fact issued one day within the period. Appeal allowed. Judges: Sir Geoffrey Charles Vos Ch, Gloster, Sharp LJJ Citations:  EWCA Civ 136 Links: … Continue reading Otuo v Watchtower Bible and Tract Society of Britain: CA 9 Mar 2017
Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021
The plaintiff’s writ had not been served within the required time, and it had become too late to extend its validity. The plaintiff isued a second writ. The defendant argued limitation. Counsel for the plaintiffs sought to distinguish Walkley on the very narrow ground that there was no question of the first action having being … Continue reading Chappell v Cooper: CA 1980
Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
An abortion conducted in the tenth week of pregnancy was not condemned. The Commission construed Article 2 to be subject to an implied limitation to allow a balancing act between the interests of mother and unborn child. . .
The landlord of a block of flats needed vacant possession to pursue redevelopment. The respondent solicitors failed to give the necessary notice in good time, delaying the development by a year. The landlord appellant delayed five years before . .
(Australia) Lord Wilbeforce said: ‘A breach of a repudiatory character . . entitles the innocent party, unless he waives the breach, to claim to be released from further performance of his obligations under the contract. So far their Lordships of . .
LRA KEYWORDS – Adverse possession claim – Schedule 6 to the Land Registration Act 2002 – effect of Sections 96 and 97 of the 2002 Act – acknowledgment of title – Section 29 of the Limitation Act 1980 – Without . .
LRA Adverse possession – locus standi of a person not having an interest in the land – adding new parties – holding a substantive hearing in absence of a party – Limitation Act 1980 Section 15; Schedule 1, . .
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 . .
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
LRA Adverse possession – nature of possessory title – disapplication of Limitation Act 1980 to possessory title – effect of closing a possessory title – interrelation between Section 96 of and Paragraph 5 . .
The issue is whether this clinical negligence claim is time-barred by virtue of the provisions of the Limitation Act 1980 . .
Whether the Chief Master was correct to conclude that it was sufficiently clear that a claim for fraudulent misrepresentation was barred by the provisions of sections 2 and 32(1) of Limitation Act 1980 to justify the grant of summary judgment in . .
The issue on this appeal is whether the claim is barred by the Limitation Act 1980. It turns on when damage was first sustained. . .
‘These appeals raise questions as to the correct approach to the application of section 33 of the Limitation Act 1980 in the light of the decision of the House of Lords in A v Hoare  UKHL 6,  1 AC 844. Each appeal arises out of . .
LRA Adverse possession – Lease – Loft Room – Encroachment on landlord’s title – Accretion to Lease – Limitation Act 1980 – Sch 6 Land Registration Act 2002 – Form NAP – failure to serve counter-notice under Sch 6 . .
What makes a claim a ‘new claim’ as defined in section 35(2) of the Limitation Act 1980 is not the newness of the case according to the type or quantum of the remedy claimed, but the newness of the cause of action that it involves. A cause of action . .
LRA Adverse possession – whether user permissive – whether factual possession and intention to possess established – whether title was acknowledged under ss 29 and 30 of the Limitation Act 1980 – effect of . .
Land Registration Act 1925 section 75 – Limitation Act 1980 section 15 and Sch 1 Para 8(4) – Adverse possession – Agreement – Lease or Licence – Whether consent given by paper owner – Whether squatter had intention to possess – Adverse possession . .
A lender sought repossession of a property securing a loan from 1998. The borrower sought to assert that the loan was an extortionate credit bargain under the Act. The lender asserted that that claim was out of time. Held: A claim under a statute was an action upon a specialty, and that accordingly the limitation … Continue reading Rahman v Sterling Credit Ltd: CA 17 Oct 2000
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
Burden is on the plaintiff to show when time began in personal injuries action. Citations: Times 05-Jul-1995 Statutes: Limitation Act 1980 11 Limitation Updated: 19 May 2022; Ref: scu.79675
Francis Bacon sold his paintings through the defendant agents for many years. The original contractual arrangement grew into a fiduciary one. The claimants asserted that the defendants were in breach of that fiduciary duty, the defendants asserted that the relationship remained contractual, and that it was now time barred. Held: There may be a true … Continue reading Clarke (Executor of the Will of Francis Bacon, Deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 5 Jul 2001
Husband and wife were involved in a custody dispute. The father made serious but false allegations to the press. She now claimed in defamation, but he relied upon limitation. She said the facts had only become known to her much later. Held: ‘Facts relevant to cause’ referred to those facts necessary to be pleaded but … Continue reading C v Mirror Group Newspapers and Others: CA 21 Jun 1996
The claimant sought damages after having bought a house after receiving an allegedly negligent report on the concrete. She had asked to be allowed to add a third party (the local authority who had passed the building) as a defendant, but the request was outside the primary limitation period and was refused and again on … Continue reading Busby v Cooper; Busby v Abbey National plc; Busby v Lumby: CA 2 Apr 1996
The creditor appealed the decision to set aside a statutory demand as statute barred. Held: The appeal was dismissed. Bankruptcy proceedings based on a statutory demand for moneys due under a previous default judgment constituted ‘an action upon a judgment’ within s24(1). Insolvency proceedings constituted a fresh action or proceeding newly brought, of the kind … Continue reading Re a Debtor: ChD 1997
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992
Judges: Harman J Citations:  1 Ch 414 Statutes: Limitation Act 1980 21(3) Jurisdiction: England and Wales Cited by: Cited – Henchley and Others v Thompson ChD 16-Feb-2017 The Claimants sought an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or … Continue reading Attorney General v Cocke: ChD 1988
Limitation does not run in favour of a thief. A painting stolen during the war and dealt with by those knowing its true origin remained in the ownership of the original owner however long it had been held by someone who was not a purchaser in good faith. Moses J said: ‘In resolving the disputes … Continue reading Gotha City v Sotheby’s and Another; Federal Republic of Germany v Same: QBD 9 Sep 1998
The plaintiff’s solicitors, out of negligence, failed to issue a writ until one month after the limitation period had expired. The application to extend the period was rejected at first instance since he had an unanswerable claim against his solicitors. Held: The discretion under the section arises notwithstanding a plaintiff’s solicitors’ perhaps far greater negligence … Continue reading Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981
A Judge has a discretion to extend the limitation period where memory has recovered after a long delay. Citations: Gazette 30-Apr-1997 Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Limitation Updated: 11 May 2022; Ref: scu.89865
‘Disability’ has same meaning for limitation purposes as being an infant, or subject to mental incapacity. Citations: Times 19-May-1997 Statutes: Limitation Act 1980 28 Jurisdiction: England and Wales Limitation Updated: 11 May 2022; Ref: scu.89866
The claimant sought damages following a road accident against an uninsured driver through the Motor Insurer’s Bureau. The Bureau later required him to issue proceedings also against the car owner on the ground that he had permitted the driving. At first it was held the limitation period was six years for such a claim, but … Continue reading Norman v Ali and Another, Norman v Aziz: CA 13 Jan 2000
When a party requested a court to set aside the limitation period, he was under a high duty to disclose all relevant details. Where it turned out later that he had failed to disclose relevant aspects of his medical history, it was perfectly open to the court to revisit the original order and to re-instate … Continue reading Long v Tolchard and Sons Ltd: CA 5 Jan 2000
The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred. Held: The claim was indeed time barred. The cause of action for an entry under a compulsory purchase arose at the date of … Continue reading Hillingdon London Borough Council v ARC Ltd: ChD 12 Jun 1997
A claim against an employer for a failure to give advice which might have mitigated personal injury is not itself a claim for personal injuries, and so is subject to the normal three year limitation period. Citations: Times 14-May-1999 Statutes: Limitation Act 1980 11 Jurisdiction: England and Wales Personal Injury, Limitation Updated: 10 May 2022; … Continue reading Gaud v Leeds Health Authority: CA 14 May 1999
After landlord’s claim for service charge struck out for want of prosecution, and tenant continued with amended counterclaim, Landlord’s revival of his claim by way of set off was an equitable claim and was outside the rules of the Limitation Acts. Citations: Gazette 29-Jul-1998 Statutes: Limitation Act 1980 36(2) Jurisdiction: England and Wales Equity Updated: … Continue reading Filross Securities Ltd v Midgley: CA 29 Jul 1998
The claimant was diagnosed as suffering from an industrial disease. He instructed solicitors promptly, but they failed to issue within the limitation period. The claimant applied for the time to be lengthened to allow him to claim. The court exercised their discretion in his favour. The failings of his solicitors should not be visited upon … Continue reading Corbin v Penfold Metallising Co Ltd: CA 28 Apr 2000
The court considered the relevance of a statutory limitation period in relation to applications to set aside transactions as being at an undervalue or as voidable preferences under section 238 to 241 of the 1986 Act. Applications to set aside transactions under the sections are generally actions on a specialty within the meaning of section … Continue reading Re Priory Garage (Walthamstow) Limited: ChD 2001
The court considered when the claimant was said to have become aware of the possibility of a claim: ‘In order to mount the action she did not need to be advised that the failure to advise amounted to professional negligence. This is irrelevant for the purposes of subsection (5) and the start date for reckoning … Continue reading Fennon v Anthony Hodari and Co: 2001
The fact that earlier proceedings under a mortgage to recover the debt as a simple contract debt had been dismissed for want of prosecution, did not prevent the mortgagee later proceeding under the mortgage as a specialty debt. Citations: Gazette 30-Jun-1999, Times 18-Jun-1999 Statutes: Limitation Act 1980 Jurisdiction: England and Wales Citing: Appealed to – … Continue reading Securum Finance Ltd v Ashton and Another: ChD 18 Jun 1999
In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, … Continue reading HF Pension Trustees Ltd v Ellison and Others: ChD 24 Feb 1999
Whether the Respondent/Claimant, Mrs Jacobs, can take advantage of the provisions of s.14A of the Limitation Act 1980 in order to pursue a claim in negligence against the Appellant/Defendant which is otherwise time-barred. Judges: Lord Justice Tomlinson Citations:  EWCA Civ 1410 Links: Bailii Jurisdiction: England and Wales Limitation Updated: 07 May 2022; Ref: scu.538188
The claimant sought the judge’s discretion to disapply the rule in Walkley. The judge characterised the defendant’s conduct as ‘though not improper, sufficiently blameworthy to result in a situation which was at any rate analogous to an estoppel and sufficient therefore to bring it within the category of ‘most exceptional circumstances’ which Lord Diplock had … Continue reading Clay v Chamberlain: QBD 2002
The plaintiff had sued his club under its name, but it was an unincorporated association, and the action was stricken out as improperly constituted. The first writ issued within the primary limitation period but was ineffective. The defendant claimed limitation under Walkley in defence of the second action. Held: The Walkley principle does not apply … Continue reading White v Glass: CA 17 Feb 1989
Blackburne J assumed that a plea of accessory liability was covered by s.21(1)(a). Judges: Blackburne J Citations:  EWHC 855 (Ch) Statutes: Limitation Act 1980 21(1)(a) Cited by: Cited – Williams v Central Bank of Nigeria QBD 8-Apr-2011 The claimant had been defrauded by a customer of the defendant bank. He brought a claim against … Continue reading Schulman v Hewson and others: ChD 2002
LRA Land Registration Act 1925, s 75 – Human Rights Act 1998, ss. 2,3 – Limitation Act 1980, s 17 – Article I, First Protocol, Convention for the Protection of Human Rights and Fundamental Freedoms – Adjudicator to HM Land Registry (Practice and Procedure Rules) 2003, r11 – stare decisis Citations:  EWLandRA 2004 – … Continue reading Terence Charles Palmer v Beaulane Properties Limited (Adverse Possession): LRA 26 Jun 2008
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
The negligence of the plaintiffs’ insurance brokers led to the insurance policies being voidable for non-disclosure. Held: The plaintiffs suffered immediate damage on entering into the policies because they did not get the protection they should have had, even though the eventual uninsured losses and the avoidance of the policies were wholly contingent at the … Continue reading Iron Trade Mutual Insurance Co Ltd v J K Buckenham Ltd: 1990
The Law Society claimed in negligence against the defendant firm of accountants who had wrongly certified the accounts of a firm of solicitors. The Society sought to recover the payments it had made from its compensation fund. The defendant pleaded limitation. Held: The court ruled against the Society holding that the cause of action had … Continue reading The Law Society v Sephton and Co and others: ChD 2004
A writ was issued against defendants ‘O’ who had been owners of the Jay Bola, just prior to the expiry of the one year time bar under the Hague Rules. The judge laid emphasis on the fact that Article 6 III r.6 discharged from all liability unless suit was brought within a year. ‘O’ had … Continue reading The Jay Bola: 1992
All that is required to constitute an acknowledgement so as to defeat a claim under limitation, is that, as between himself and the paper title owner, the person in possession acknowledges that the paper title owner has the better title to the land. Whether or not a particular writing amounts to an acknowledgement depends on … Continue reading Edgington v Clark: 1963
The writ was issued one day late; there had been early notification of the claim; and the defendant’s ability to defend the case was unaffected. The plaintiff asked the court to exercide its discretion to allow the claim t proceed. Held: The question under s33(1) is ‘would it be fair and just to allow the … Continue reading Hartley v Birmingham City District Council: CA 1992
The plaintiff suffered very serious injuries as a passenger in a car, and a writ was issued within the three-year period against the driver and the owner of the car whose insurers made a substantial interim payment. The writ was not served, nor renewed at the end of 12 months, and the limitation period expired … Continue reading Deerness v John R Keeble and Son (Brantham) Ltd: HL 1983
The case concerned a quantum meruit claim under a building contract. Even though the basis of the claim lies in statute, nonetheless an agreement must be treated as an ‘acknowledgment’ of a ‘liquidated pecuniary claim’ for the purpose of the section, and limitation ran from the date of that agreement. Citations:  9 ConLR 139 … Continue reading Amantilla Ltd v Telefusion plc: 1987
The employers sued the builders and architects alleging defects in the air conditioning system. Later, cracking and displacement of the walls was discovered, caused allegedly by not having sulphate resisting cement, and defects in the wall ties. Allegations were made against the contractors and the architects and also structural engineers. The question then arose whether … Continue reading Steamship Mutual Underwriting Association Ltd v Trollope and Colls Ltd: CA 1986
A claim against a company director which alleged a misapplication of company assets involving a fraudulent, or dishonest breach of trust, was not subject to a limitation period. A company was alleged to have fraudulently hidden certain profits. The section applied and there is no limitation period. Judges: Mr Justice Rimer Citations: Times 10-Dec-2001 Statutes: … Continue reading Deg-Deutsch Investitions Und Entwicklungsgesellschaft Mbh v Koshy (No 3) Gwembe Valley Development Co Ltd v Same (No 3): ChD 26 Oct 2001
It was possible to amend a writ to add a cause of action out of time where that cause had been included in the original pleadings served within the limitation period, but which had been omitted by mere error from the writ. Citations: Times 26-Nov-1999, Gazette 01-Dec-1999 Statutes: Limitation Act 1980 25, Rules of the … Continue reading Phelps v Spon-Smith and Co (A Firm): ChD 26 Nov 1999
The limitation period starts when a reasonable person would have sought medical help. Section 14(1)(b) requires that ‘one should look at the way the plaintiff puts his case, distil what he is complaining about and ask whether he had in broad terms knowledge of the facts on which that complaint is based’ at the appropriate … Continue reading Broadley v Guy Clapham and Co: CA 9 Sep 1993
Citations:  EWHC 729 (TCC),  WLR(D) 202 Links: Bailii Statutes: Liability (Contribution) Act 1978, Limitation Act 1980 10(1) 10(3) 10(4) Jurisdiction: England and Wales Limitation Updated: 25 April 2022; Ref: scu.620121
The claimant had had judgment in his personal injury claim entered in default of a defence. The defendant applied to set it aside as prima facie defeated by limitation. His application was rejected on the basis that since had had admitted the offence alleged, the limitation period would be extended allowing the claim to succeed. … Continue reading TPE v Franks: QBD 10 Jul 2018
The process of testing whether a new cause of action was proposed by an amendment of pleadings to bring into question application of the Limitation Acts, was conducted by asking at what level of abstraction was it claimed that there were one or two causes. Is a different duty relied upon, the nature and extent … Continue reading Savings and Investment Bank Ltd (in Liquidation) v Fincken: ChD 2 Mar 2001
Whether the appellant’s failure to complete Form N510 (in relation to service out of the jurisdiction) entitled the court to refuse to issue the claim form that she had sent to them prior to the expiry of the limitation period. When she eventually discovered the court’s refusal, the appellant provided what she called a replacement … Continue reading Chelfat v Hutchinson 3G UK Ltd: CA 6 Apr 2022
Baron Parke said: ‘It is quite clear that a promissory note, payable on demand, is a present debt, and is payable without any demand, and the statute begins to run from the date of it.’ Judges: Baron Parke Citations:  EngR 183, (1837) 2 M and W 461, (1837) 150 ER 839 Links: Commonlii Jurisdiction: … Continue reading Norton v Ellam: 1837
The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They … Continue reading Birmingham Midshires Building Society v Infields (A Firm): TCC 20 May 1999
A mere statement that a dispute was to be referred to arbitration, or a notice requiring a reference to arbitration, was not enough to constitute a reference to or commencement of an arbitration. Citations: Gazette 10-Sep-1997, Times 27-Aug-1997 Statutes: Arbitration Act 1996 12(3), Limitation Act 1980 34(3)(a) Jurisdiction: England and Wales Arbitration, Limitation Updated: 10 … Continue reading Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997
A party had been wrongly added in breach of limitation under Hague Convention. There should have been no relation back. Hobhouse J considered the effect of the 1980 Act: ‘But it is clear that Ord. 20, r. 5 must now be read with the  Act and is implicitly (but inelegantly) giving effect to the … Continue reading Payabi and Another v Armstel Shipping Corporation and Another: QBD 1 Apr 1992
If it was alleged that a lender could should have been aware of an overvaluation of a property so as to start the limitation clock, the owner must satisfy the court that it was reasonable at the time alleged for the lender have become obliged to obtain a retrospective valuation. That burden was not carried … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: CA 24 Apr 2000
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by the estimates, and time did not begin to run against them. Citations: Times 11-Oct-1999 … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: ChD 11 Oct 1999
The landlord’s agents wrote to the proposed tenant offering a quarterly tenancy of the premises. The tenancy was to commence at a future date. The defendant endorsed the letter and returned it to say he would abide by the terms, and he was allowed into possession. He ceased to pay rent, and eventually came to … Continue reading Long v Tower Hamlets London Borough Council: ChD 29 Mar 1996
Claim may be added outside limitation period where based on same facts. Citations: Times 11-Apr-1996 Statutes: Limitation Act 1980 35 Citing: Appealed to – Lloyds Bank Plc v Rogers and Another CA 20-Dec-1996 An out of time claim for defamation was allowed after late disclosures by the defendant bank in the case. . . Cited … Continue reading Lloyd’s Bank Plc v Rogers and Another: QBD 11 Apr 1996
A patient had an operation which appeared to have gone unsuccessfully, but only much later proved to have been the source of an injury. Held: Time could only begin to run when the fact of the injury became known. He was not fixed with knowledge of the injury by an awareness of the deterioration following … Continue reading James v East Dorset Health Authority: CA 7 Dec 1999
More than six years after a costs order, the creditor began bankruptcy proceedings for unpaid costs. The debtor claimed the debt was time barred. The court found that the time started when the judgment became enforceable. As regards an order for costs, that happened only when the amount was fixed by taxation. The six year … Continue reading In Re A Debtor (2672 of 2000): ChD 2 Nov 2000
A statutory demand by the Inland Revenue, which was based upon a debt which was statute barred, was not supportable and had to be set aside. The demand was based upon the judgement obtained by the Inland Revenue, and not upon the underlying tax debt. The limitation arrangements were different. Citations: Times 10-Apr-2000 Statutes: Limitation … Continue reading In Re A Debtor (No 647-Sd-1999): ChD 10 Apr 2000
The parties were each sureties for a debt to their bank from their company. The bank recovered the company’s debt from one surety, who in turn sought a contribution of half from the other. The respondent asserted that the claim was statute barred, because in this case it was a claim under a guarantee for … Continue reading Hampton v Minns: ChD 17 May 2001
The defendant entered into a mortgage loan. The property was repossessed and he faced an action for recovery of the shortfall. It was argued that the claim was out of time after six years. The court held that the debt remained a specialty debt and the twelve year period applied, but nevertheless, the actual claimant … Continue reading Global Financial Recoveries Ltd v Jones: ChD 13 Jan 2000
A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover … Continue reading Gold v Mincoff Science and Gold: ChD 18 Jan 2001
The claimant had given instructions to the defendant with regard to a charge. The defendant came to know that he had made an error, and when asked by the claimant, declined to answer, and referred the claimant to independent advice. The claimant now said that this amounted to a concealment of the truth such as … Continue reading Ezekiel v Lehrer: ChD 21 Mar 2001
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998
EAT National Minimum Wage – Unlawful Deduction – National minimum wage – unauthorised deduction from wages – section 23 Employment Rights Act 1996 – sections 9 and 39 Limitation Act 1980 The Claimant had successfully claimed that the Respondent had failed to pay him at national minimum wage rates and, at the subsequent Remedies Hearing … Continue reading Coletta v Bath Hill Court (Bournemouth) Property Management Ltd: EAT 29 Mar 2018
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The obligation of a mortgagee having taken possession of a property to obtain a proper price, was an obligation due in equity, and not either under the contract for the loan or as associated with the speciality agreement giving the property in charge. Nevertheless the claim was akin to an action for damages for negligence, … Continue reading Raja v Lloyds Tsb Bank Plc: ChD 16 May 2000
EAT PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Time limits Neither the procedural common law doctrine of ‘relation back’ (now defunct – see Beecham Group plc v Norton Healthcare Ltd  FSR 81, Liff v Peasley  1 WLR 781 and Ketteman v Hansel Properties Ltd  … Continue reading Galilee v The Commissioner of Police of The Metropolis: EAT 22 Nov 2017
(Charges and Charging Orders : Bankruptcy and Insolvency) Applicant and 2nd Respondent were the registered proprietors of the property; 1st Respondent had a registered charge dated 1993. Nothing had been paid and no interest had accrued under the charge since 1993. A applied to have the charge removed. R1 objected on the basis that it … Continue reading Khela v Batshoof Investment Lte and Another: LRA 7 Aug 2017
The Police appealed from a finding that the claim brought by a former constable was not out of time. He had worked under cover making drugs purchases, and had become addicted to heroin. Held: The appeal failed. Judges: Sir Terence Etherton MR Citations:  EWCA Civ 1992,  4 WLR 32,  WLR(D) 818 Links: … Continue reading Greater Manchester Police v Carroll: CA 1 Dec 2017
The power to change a party after the expiry of a limitation period can be exercised where a party has been wrongly identified, but ‘it was possible to identify the intending claimant or intended defendant by reference to a description which was more or less specific to the particular case’. Judges: Lloyd LJ Citations:  … Continue reading The Sardinia Sulcis: CA 1991
A limited company was correctly restored to the register from dissolution so that its insurers could face an arguable claim. Where a first writ issued within the primary limitation period was ineffective (although not a nullity) through having been issued against a company which had been struck off the register, the Walkley principle does not … Continue reading Re Workvale Ltd (In Liquidation): CA 8 Apr 1992
The trustee in bankruptcy had taken a charge on the property in 1992 to support the bankruptcy in 1988. He sought to enforce it in 2005. The chargor appealed an order which denied he was protected by limitation. Held: The appeal succeeded. Charges under the 1986 Act were unusual in that they were not preceded … Continue reading Doodes v Gotham, Perry: ChD 17 Nov 2005
Application by the defendants for disclosure and inspection of files of documents, which the claimant in the action says are protected by legal professional privilege or litigation privilege.Judge Havelock-Allen QC said: ‘ When it comes to proof of knowledge under section 14A , the assertion by a claimant that he was unaware of the material … Continue reading MAC Hotels Ltd v Rider Levett Bucknall UK Ltd: TCC 26 Feb 2010
Judges: Lord Justice Simon Brown Lord Justice Mummery And Lord Justice Latham Citations:  EWCA Civ 303,  1 P and CR 18,  EGCS 148, (2001) 33 HLR 44 Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation, Land Updated: 23 March 2022; Ref: scu.147336
Action by plaintiff under disability not to be struck out – may be restarted. Citations: Gazette 16-Sep-1992 Statutes: Limitation Act 1980 28(1) Jurisdiction: England and Wales Limitation Updated: 23 March 2022; Ref: scu.90036
Alteration and rectification of the register – adverse possession – effect of issuing county court possession proceedings Citations:  EWLandRA 2015 – 0701 Links: Bailii Statutes: School Sites Act 1841, Limitation Act 1980 Jurisdiction: England and Wales Registered Land Updated: 06 February 2022; Ref: scu.578222