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Practice Statement (Judicial Precedent): HL 1966

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

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

Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981

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

Corbin v Penfold Metallising Co Ltd: CA 28 Apr 2000

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

Clay v Chamberlain: QBD 2002

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

Hartley v Birmingham City District Council: CA 1992

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

British Coal Corporation v Keeble and others: EAT 26 Mar 1997

The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997

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. The judge had accepted her evidence that she did not know that she had a right of action against her employers until she left in 1991. Held: The … Continue reading Coad v Cornwall and Isles of Scilly Health Authority: CA 17 Jul 1996

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, would be dismissed for want of prosecution. Held: He could not do so. He was not prejudiced by the primary limitation period since he … Continue reading Walkley v Precision Forgings Ltd: HL 1979

Attorney General v Cocke: ChD 1988

Judges: Harman J Citations: [1988] 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

Norman v Ali and Another, Norman v Aziz: CA 13 Jan 2000

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

White v Glass: CA 17 Feb 1989

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

Deerness v John R Keeble and Son (Brantham) Ltd: HL 1983

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

Steamship Mutual Underwriting Association Ltd v Trollope and Colls Ltd: CA 1986

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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

TPE v Franks: QBD 10 Jul 2018

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

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

Woodland v Essex County Council: SC 23 Oct 2013

The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013

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

Halstead v Council of City of Manchester: CA 23 Oct 1997

Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed. [1997] EWCA Civ 2555, [1998] 1 All ER 33 Bailii … Continue reading Halstead v Council of City of Manchester: CA 23 Oct 1997

Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

The claimant sought damages for a breach of duty by his teachers which had happened before 1991. He argued that 3(1) of the HRA should affect the construction of section 14(1) of the 1980 Act. [2003] EWCA Civ 1281, [2003] ELR 771 Bailii Limitation Act 1980 14 33, Human Rights Act 1980 14(1) England and … Continue reading Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

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

Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

The company sought to recover from the defendants, two former directors. Held: The claim was statute barred.Hodge QC dealt with the claimant’s reliance on section 32: ‘That leaves the claimant’s reliance upon section 32. There the difficulties that the claimant faces are that there are no facts sufficiently asserted to give rise, in my judgment, … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

Mercer Ltd and Another v Ballinger and Another: CA 17 Jul 2014

The court was asked as to the circumstances in which the court could allow an amendment of pleadings so as to allow an additional claim where the action would otherwise be outside the limitation period. Dyson L MR, Tomlinson, Briggs LJJ [2014] EWCA Civ 996, [2014] WLR(D) 335 Bailii, WLRD Limitation Act 1980 35 England … Continue reading Mercer Ltd and Another v Ballinger and Another: CA 17 Jul 2014

J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007

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

Collins v Secretary of State for Business Innovation and Skills and Others: CA 23 May 2014

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

Young v Downey: QBD 18 Dec 2019

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

Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been … Continue reading Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

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

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

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009

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

Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea. Held: The marine classification society was not liable in negligence to the owner of a cargo, where it was … Continue reading Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

Extent of Counsel’s Immunity in Negligence The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings. Held: A barrister’s immunity from suit extended only to such pre-trial work as was intimately connected with the conduct of the case … Continue reading Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

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

Page v Smith: HL 12 May 1995

The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time to time. Held: (Majority) A claim in contract or tort for damages for psychiatric injury is a claim … Continue reading Page v Smith: HL 12 May 1995

Miller v Jackson: CA 6 Apr 1977

The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of cricket balls landing in their gardens. The defendant appealed. Held: A factor to be … Continue reading Miller v Jackson: CA 6 Apr 1977

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

Green v Eadie and Others: ChD 18 Nov 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

KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years. Held: The judge had misapplied the test laid down in Stebbings. The court of appeal had not previously considered how to apply its … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973

Innocent third Party May still have duty to assist The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents. Held: Disclosure should be ordered. If someone, even innocently … Continue reading Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973

Forbes v Wandsworth Health Authority: CA 21 Mar 1996

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

Fisher v Brooker and Others: HL 30 Jul 2009

The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009

McDonnell and Another v Walker: CA 24 Nov 2009

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

Adams v Bracknell Forest Borough Council: HL 17 Jun 2004

A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the depression, panic and lack of self-esteem which he suffered. He consulted his doctor about … Continue reading Adams v Bracknell Forest Borough Council: HL 17 Jun 2004