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
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 claiming damages, and now appealed against denial of his claim, arguing that section 11 produced in the … Continue reading Dunlop v McGowans: HL 6 Mar 1980
LRA Application for first registration of land – objection based on adverse possession – whether application for first registration is ‘action for recovery of land’ – consideration of provisions of Limitation Act 1980 and Land Registration Act 2002 Citations: [2011] EWLandRA 2010 – 1166 Links: Bailii Jurisdiction: England and Wales Registered Land, Limitation Updated: 06 … Continue reading Michael Abbs, Rachel Marie Hoey v Edward James Eldridge, Joanna Claire Eldridge (Adverse Possession): LRA 21 Sep 2011
The claimant bought two airline tickets, but did not use them. Ten years later he requested a refund. Held: Any appeal would be hopeless. Citations: [1996] EWCA Civ 922 Statutes: Limitation Act 1980 5 Jurisdiction: England and Wales Contract, Limitation Updated: 03 November 2022; Ref: scu.140789
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
The builder replied to a claim in negligence that it was out of time. They had built a concrete base for a kennels. The claimant said that they had not constructed proper foundations, and that he had come to know this only within the limitation period when it began to crack. Judges: Eder J Citations: … Continue reading Eagle v Redlime Ltd: QBD 4 Apr 2011
The bankrupt, while solvent had acquired a property which was first put in his own sole name, but then transferred to his wife outwardly ‘in consideration of love and affection’. Several years later, on the bankruptcy, the trustee sought to have the transaction set aside. The bankrupt, now discharged, said that in fact the original … Continue reading Stonham v Ramrattan and Another: CA 16 Feb 2011
LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
The defendant appealed against a order finding it was liable for the fees claimed by its former solicitors. They had said that the claim for costs was barred by limitation. Held: The defendant’s appeal failed; a solicitor’s claim for his costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt … Continue reading Phillips and Co (A Firm) v Bath Housing Co-Operative Ltd: CA 11 Dec 2012
The court looked at the date from which the limitation period ran in an action for professional negligence: ‘It is clear from the words of the section itself . . that it is concerned with knowledge of facts, as opposed to knowledge of matters of law. In particular, subsection (9) specifically excludes knowledge that the … Continue reading Haward and Others v Fawcetts (A Firm) and Another: CA 11 Mar 2004
The claimant had been defrauded by a customer of the defendant bank. He brought a claim against the bank, saying that they knew or ought to have known of the fraudster’s activities, and were liable. The Bank denied that the UK courts had jurisdiction saying in particular that no claim arose because it would be … Continue reading Williams v Central Bank of Nigeria: QBD 8 Apr 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
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
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 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 claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time. Held: The application … Continue reading Abela and Others v Baadarani and Another: ChD 28 Jan 2011
UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six years prior to the date of application – preliminary decision of LVT finding appellant time barred on basis of … Continue reading Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under section 29. Held: The letter should not be admitted. Any admission in the first letter could not … Continue reading Ofulue and Another v Bossert: HL 11 Mar 2009
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it in the way promised. The company failed. At first instance the judge … Continue reading Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
The defendant appealed against an order for him to surrender possession of land he had claimed by adverse possession. The Council was the registered proprietor. The defendant said he had used the land since 1981 for dumping of motor vehicle parts. The judge had decided that the defendant had not established factual possession for the … Continue reading Chambers v London Borough of Havering: CA 20 Dec 2011
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
The court was asked ‘when an innocent vendor whose signature is forged on the documents for the conveyance of land suffers damage, for the purposes of limitation of an action arising from a solicitor’s breach of duty. Is it on the exchange of contracts, in which case the present claim is said to be time … Continue reading Bowling and Co Solicitors v Edehomo: ChD 2 Mar 2011
Reasons for extension of time for bringing claim. Walden Smith HHJ [2016] EWHC 527 (QB) Bailii Limitation Act 1980 33 England and Wales Limitation Updated: 11 November 2021; Ref: scu.562176
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008
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 claimant sought to have disapplied the limitation period in his defamation claim. The claimant said that in the case of Cain, the Steedman case had not been cited, and that the decisions were incompatible, and that Cain was to be prefered. Held: The appeal failed. The two cases could be reconciled. Considerations in defamation … Continue reading Brady v Norman: CA 9 Feb 2011
The claimant as PR of her husband’s estate sought damages for misrepresentation and, against his former solicitiors for negligence in regards to the boundaries of a property he had bought from the first defendants using the second defendants as his solicitors. The first defendant said the claim was time barred. The six year period had … Continue reading Green v Eadie and Others: ChD 18 Nov 2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
Three defendants applied for summary strike out of the claim against them saying the claim was now time barred: ‘It raises the issue of whether the cause of action for breach of the implied undertaking in an exclusive jurisdiction clause arises once . .
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 . .
The employers appealed against a finding that a claim by former employees was not statute barred. . .
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The plaintiff issued proceedings against her father and mother, alleging physical and sexual abuse against her father and want of parental care against her mother. The claim against the father was in trespass, but that against her mother was in negligence. Held: The claim against the father was governed by the six years limitation period, … Continue reading Seymour v Williams: CA 1995
The plaintiff was treated for depression by the defendant by prescription of drugs. She sufferred a reaction, but now claimed that the doctor’s slow reaction caused her to suffer lasting injury. The question on appeal was, if a plaintiff suffers injuries some of which the plaintiff knows to be attributable to the act or omission … Continue reading Roberts vWinbow (3): CA 4 Dec 1998
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 … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006
The plaintiff sought damages for the negligence of the respondent in her care at birth. Years later the family concluded that her condition was a result of negligence. They waited until she was 21, when they mistakenly believed that she became an adult, and made a claim. Held: The defendant’s appeal succeeded. The court had … Continue reading O’Driscoll v Dudley Health Authority: CA 30 Apr 1998
The claimant said that he had been exposed him to excessive noise during the course of his employment, causing his deafness. He noticed his hearing problems in 2001. He was also aware that exposure to noise could cause hearing loss, but did not associate his own hearing problems with exposure to noise in earlier years. … Continue reading Johnson v Ministry of Defence and Another: CA 21 Nov 2012
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003
The defendant appealed a finding of negligence and the associated costs order. Held: The claimant had obtained an order allowing an extension of the limitation period in order to pursue the claim. Whilst the substantial damages award should be left in place, but on the limitation issue, the claimant had failed in several respects, and … Continue reading Kew v Bettamix Ltd and others: CA 14 Nov 2006
The plaintiff appealed a finding that she had sufficient knowledge of her possible claim for medical negligence against the defendants, and that she was out of time. She had known of her condition, but said she had no sufficient reason to see that it might have arisen from the negligence now found. Held: The court … Continue reading Smith v Leicestershire Health Authority: CA 29 Jan 1998
The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001
The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The claimant said the decision to deny her claim had interfered with her … Continue reading A v Hoare: QBD 14 Oct 2005
Judges: Beatson J Citations: [2006] EWHC 1968 (QB) Links: Bailii Statutes: Limitation Act 1980 11 Jurisdiction: England and Wales Citing: Cited – Coad v Cornwall and Isles of Scilly Health Authority CA 17-Jul-1996 A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority … Continue reading McHugh v Gray: QBD 27 Jul 2006
The authority appealed an order that the claimants could proceed with claims for damages for child abuse said to have been suffered in care in 1970. Judges: May LJ, Keene LJ, Smith LJ Citations: [2008] EWCA Civ 783 Links: Bailii Statutes: Limitation Act 1980 11 14 Jurisdiction: England and Wales Limitation, Torts – Other Updated: … Continue reading A (Historic Child Abuse) v Wirral Metropolitan Borough Council: CA 4 Jul 2008
The defendant sought damages against the defendant for personal injury from his alleged negligence. Her action was struck out and she recommenced the action. The defendant pleaded that she was out of time. The claimant said that the first action having been struck out, the judge retained his discretion to disapply the limitation period, following … Continue reading Jacqueline Adam v Rasal Ali: CA 21 Feb 2006
The claimant sought to counter a defence that his claim was out of time, saying that he had been misinformed as to the name of his employer. Held: A person could not sue simply ‘his employer’. He must find a name, particularly as against a limited company, to begin his action. The claimant had been … Continue reading Cressey v E Timm and Son Ltd and E Timm and Son Holding Ltd: CA 24 Jun 2005
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001
The claimant appealed against a finding that having once already issued a claim, a second claim was out of time, not accepting that she had had the knowledge effective to commence the limitation period. Held: Judge LJ had ‘difficulty in perceiving how in any case where a claimant has sought advice and taken proceedings, it … Continue reading Sniezek v Bundy (Letchworth) Limited: CA 7 Jul 2000
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
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
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
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 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: [2017] EWCA Civ 1992, [2018] 4 WLR 32, [2017] WLR(D) 818 Links: … Continue reading Greater Manchester Police v Carroll: CA 1 Dec 2017
The claimant appealed against rejection of his claim for personal injury which had been rejected on basis that it was out of time. He had contracted cancer in 2002, but had recovered. He later came to attribute this to exposure to asbestos at work in the docks up to 1967. He made his claim in … Continue reading Collins v Secretary of State for Business Innovation and Skills and Others: CA 23 May 2014
Responsibility for IRA bombing fixed The claimant sought a finding that the defendant had been responsible for a IRA bombing in 1982 which killed her father and three other soldiers and injured 31 others. He had been acquitted at a criminal trial. Held: The limitation period was extended: ‘As was said in Carroll, the burden … Continue reading Young v Downey: QBD 18 Dec 2019
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness under the 1980 Act. They said that they had only acquired the knowledge to found an action in 2007 on the … Continue reading Ministry of Defence v AB and Others: SC 14 Mar 2012
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006
The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 years. The claimant had then to choose another company (APSA) as defendant. On a … Continue reading O’Byrne v Aventis Pasteur Sa: SC 26 May 2010
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He enquired why only some 10 years after the event. He was told … Continue reading Forbes v Wandsworth Health Authority: CA 21 Mar 1996
The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33. Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in magnitude from anything notified to them before, almost seven years to the day after the accident, and where there … Continue reading McDonnell and Another v Walker: CA 24 Nov 2009
Limitation operates as a defence, and therefore it is for he who sets it up to establish it, and prove that the claim was time barred. Once the initial limitation period had elapsed, it was for the plaintiff to assert that the date of knowledge . .
Appeal from extension of limitation period to allow claim for alleged deliberately inflicted personal injury on the claimant when a child in their care. . .
A claim for damages for an unwanted pregnancy occurring after a failed sterilisation. The plaintiff claimed damages for her economic losses. She issued only four years after the birth.
Held: The limitation period ran from the date of . .
The claimant wished to claim professional negligence against the defendants her former solicitors, saying that they had failed to have items of jewelry professionally valued on her divorce. She now appealed from an order striking out the claim as time barred. Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 851 Links: Bailii Statutes: Limitation Act … Continue reading Holt v Holley and Steer Solicitors (A Firm): CA 7 Jul 2020
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016
‘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 [2008] UKHL 6, [2008] 1 AC 844. Each appeal arises out of allegations of historic sexual abuse at a children’s … Continue reading AB and Others v Nugent Care Society: CA 29 Jul 2009
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised. Held: Mere knowledge of the damage of which complaint is later made, is not sufficient to start time running. Hoffmann LJ emphasised the statutory words ‘attributable … Continue reading Hallam-Eames and Others v Merrett Syndicates Ltd and Others: CA 25 Jan 1995
The plaintiff loaned money on the basis of a negligent survey by the defendant. The borrower subsequently defaulted, and the lender issued a writ. The defendant said that the claim was time barred. Held: The court allowed the plaintiff’s appeal. A cause of action against surveyor arose only when the loss was sustained and crystalised, … Continue reading First National Comercial Bank plc v Humberts: CA 27 Jan 1995
The court considered the application of the limitation period to answering when damage occurred when it arises under an unsecured contingent liability. The claimant insurance company had provided after the event litigation insurance policies to the solicitors and their clients, relying on assessments of the cases made by the defendants. The court below had held … Continue reading Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009
The claimant was seriously ill and claimed that this arose from exposure to asbestos fibres working for the defendant many years before. He now sought an extension of time to make the claim. Held: The court upheld the limitation defences of both defendants and dismissed the action: i) The claimant did not have actual knowledge … Continue reading Collins v Secretary of State for Business Innovation and Skills: QBD 2 May 2013
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not … Continue reading Earnshaw and Others v Hartley: CA 31 Mar 1999
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the driver defendant. Held: The plaintiff was allowed to seek the exercise … Continue reading Shapland v Palmer: CA 23 Mar 1999
Appeal from a decision to grant the defendant bank summary judgment in respect of certain of the claimants’ claims. The result of the judgment is that the claimants can pursue a claim in deceit and contend that such claim is neither time-barred nor precluded by anti-set off provisions in their contract with the bank. No … Continue reading Woodeson and Another v Credit Suisse (UK) Ltd: CA 17 May 2018
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a … Continue reading BP Oil UK Ltd v Kent County Council: CA 13 Jun 2003
The claimants appealed from rejection of their claims for losses saying that such losses had been caused by their solicitors in failing properly to identify the tenant and the relevant lease when issuing notices to quit. The solicitors argued that the losses occurred when the defective notices were served, and by that date, the claims … Continue reading Gordon and Others (Trustees of The Inter Vivos Trust) v Campbell Riddell Breeze Paterson Llp: SC 15 Nov 2017
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
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
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The plaintiff sought damages for deafness following exposure to excessive noise during his employment with the first and second defendants some 20 to 35 years previously. He issued his writ six years after the date of knowledge under LA section 14 and therefore three years after expiry of the limitation period. The judge had declined … Continue reading Price v United Engineering Steels Limited; J J Habershon and Sons Limited: CA 12 Dec 1997
Citations: [2007] EWCA Civ 727, [2008] 1 All ER 1124 Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation, Torts – Other Updated: 04 November 2022; Ref: scu.258299
Citations: [1996] EWCA Civ 1132, [1997] 2 All ER 395 Jurisdiction: England and Wales Citing: Cited – Walkley v Precision Forgings Ltd HL 1979 The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, … Continue reading Forward v Hendricks: CA 6 Dec 1996
The plaintiffs had discovered that the defendant surveyors had negligently failed to observe that there was dry rot but did not start proceedings until other negligence was discovered more than six years later. Held: Although the negligent survey had led to two heads of loss there was only one cause of action. Since the plaintiffs … Continue reading Hamlin and Another v Edwin Evans (A Firm): CA 15 Jul 1996
The statutory time limit under the Limitation Act applied only to the right to take substantive proceedings and had nothing whatever to do with the procedural machinery for enforcing a judgment when one was obtained. The Act of 1875 brought about a fundamental change. The old absolute time bar on execution after 20 years, subsequently … Continue reading Lowsley and Another v Forbes: CA 21 Mar 1996
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003
The court considered the application of section 21 of the 1980 Act to a claim against a company director for breach of fiduciary duty. Judges: Patten, Kitchin, Briggs LJJ Citations: [2017] EWCA Civ 186, [2017] WLR(D) 232, [2017] 3 WLR 896, [2018] Ch 25 Links: Bailii, WLRD Statutes: Limitation Act 1980 21 Jurisdiction: England and … Continue reading First Subsea Ltd v Balltec Ltd and Others: CA 30 Mar 2017
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
Citations: [1996] EWCA Civ 1197 Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Citing: Cited – Coad v Cornwall and Isles of Scilly Health Authority CA 17-Jul-1996 A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority in either 1990 or 1991. … Continue reading Riddell v Wessex Regional Hospital Authority and Another: CA 12 Dec 1996
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child. Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local authority had assumed a duty to perform. Fostering was not a function … Continue reading NA v Nottinghamshire County Council: CA 12 Nov 2015
The claimant sought damages saying that he had been abused as a child whilst in the defendant’s care. The defendants appealed a finding that the claimant had not first known of his injury more than three years before begining his action. Held: The same word ‘reasonable’ in sections 14(2) and 14(3) of the 1980 Act … Continue reading Catholic Care (Diocese of Leeds) and Another v Young: CA 14 Nov 2006
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents. Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation and quantum of damages to be dealt with later if necessary. As to limitation, … Continue reading NA v Nottinghamshire County Council: QBD 2 Dec 2014
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 squatter being secure tenant and subsequently exercising right to buy – J A Pye (Oxford) Ltd v Graham [2003] 1 AC … Continue reading Aristotelis Kleanthous, Sofoulla Kleanthous v The London Borough of Barnet (Adverse Possession): LRA 8 Dec 2006
The claimant appealed against an order that his claim in defamation had failed for limitation, the judge having held that time ran from publication even though the claimant did not know the identity of the author. Held: The appeal was dismissed. The court had to take two separate decisions. First had the cause of action … Continue reading Edwards v Golding and others: CA 3 Apr 2007
The claimant’s bungalow suffered subsidence. Repair works were undertaken as advised by the defendants, but unsuccessfully. The claimant’s insurers instructed experts negotiators to investigate with a view to a claim. The defendants now claimed the action was out of time, since the knowledge of the defects acquired by the loss adjusters was to be imputed … Continue reading Graham v Entec Europe Ltd (T/A Exploration Associates): CA 6 Aug 2003
