An order for specific performance had been refused in a disputed contract for carriage. The claimant argued that normal limitation periods should not be applied by analogy. Held: Because there was no corresponding legal remedy the remedy in equity was not ‘correspondent to the remedy at law’, and nor did ‘the suit in equity [correspond] … Continue reading P and O Nedlloyd Bv v Arab Metals Co and others: CA 13 Dec 2006
The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage. Held: The application to amend was made more than six years after the cause of action accrued. It was in its nature a new claim. The additional possibility that … Continue reading P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005
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
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Whether the six-year limitation period for claims founded on the tort of deceit, under section 2 of the Limitation Act 1980 (‘LA 1980’ or ‘the 1980 Act’), at least arguably applies ‘by analogy’, pursuant to section 36(1) of the 1980 Act, to a claim for equitable rescission of a contract for fraudulent misrepresentation. Lord Justice … Continue reading IGE USA Investments Ltd and Others v Revenue and Customs: CA 14 Apr 2021