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
In 1987, and before the claim was issued in 1992 the claimant had issued a claim which had never been served. She sought to extend the limitation period arguing that she had not acquired the requisite knowledge until later, Held: She had had the requisite knowledge in 1985. Waite LJ observed that her issue of … Continue reading Whitfield v North Durham Health Authority: CA 1995
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 substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First Report of the Law Reform Committee (Final Report on Limitation of Actions) (Cmnd 6923) … Continue reading Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995
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
Allowing an action to continue after the limitation period was not same as a striking out. Citations: Times 16-Feb-1995 Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Limitation Updated: 09 December 2022; Ref: scu.78240
A claimant was not fixed with knowledge of the source of his injury by being referred for medical opinion. He could not be expected to understand the source of this injury without expert assistance, and time did not run until such assistance was obtained. Judges: Henry LJ Citations: Times 28-May-1999, [1999] EWCA Civ 1486, [1999] … Continue reading Ali v Courtaulds Textiles Ltd: CA 26 May 1999
The appellant had taken out a licence to drill for oil on its land. To maximise its return it drilled at a deep level out under the claimant’s land. It now appealed against a finding that this was a trespass, and that it should pay damages on a licence basis. Held: The drilling was a … Continue reading Star Energy UK Onshore Ltd and Another v Bocardo Sa: CA 15 Jun 2009
Flaux J summarised the principles to be applied when considering what discovery of a fraud was, and what was ‘reasonable diligence’ so as to set the limitation clock started. He observed that: ‘If section 32(1) involved a statutory assumption that the claimant was on notice of something meriting investigation, it would make it very difficult … Continue reading Granville Technology Group Ltd and Others v Infineon Technologies Ag and Another: ComC 25 Feb 2020
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
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
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
Citations: [2003] EWCA Civ 695 Links: Bailii Statutes: Limitation Act 1980 33(3)(a) 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 … Continue reading Skerratt v Linfax Ltd (T/A Go Karting for Fun): CA 6 May 2003
Asutlii (High Court of Australia) Limitation of Actions – Appellant alleged respondent had raped and assaulted her in 1971 – Appellant alleged that she suffered post-traumatic stress disorder of delayed onset in 2000 and became aware of the connection between this disorder and the rapes and assaults in the same year – Proceedings were commenced … Continue reading Stingel v Clark: 20 Jul 2006
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
Citations: [2016] EWHC 2793 (QB) Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation, Torts – Other Updated: 19 November 2022; Ref: scu.570916
Where a first writ issued within the primary limitation period is itself ineffective (although not a nullity) through having been issued variously without consent against a company in liquidation. Held: The Walkley principle does not apply to defeat in limine a second action, notwithstanding that in each of those cases the defect was recognised to … Continue reading Mcevoy v AA Welding and Fabrication Ltd: CA 15 Dec 1997
The normal limitation period applies to directors’ disqualification applications. Citations: Gazette 26-Feb-1997, [1997] EWCA Civ 931, Times 17-Feb-1997 Statutes: Limitation Act 1980 39 Jurisdiction: England and Wales Cited by: Cited – 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, … Continue reading Moore and Another v Gadd and Another: CA 5 Feb 1997
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 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
Limitation rules were not to be dis-applied merely because the defendant was insured. Citations: Gazette 15-Jan-1997, Times 15-Nov-1996 Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation Updated: 03 November 2022; Ref: scu.82710
The defendant resisted the plaintiff’s claim for personal injuries as out of time. His explanation for not pursuing inquiries with his solicitor was that he was an over-stayer who feared deportation. Held: Having good reason to make such inquiries, it was reasonable for him to do so despite his immigration status. Citations: [1997] 8 Med … Continue reading Coban v Aynur Allen F Barnes and Son (a Firm): CA 8 Oct 1996
The claimant sought to enforce a post employment restrictive covenant given by the defendant. The defendant replied that the clause was too widely framed and was unreasonable since it applied to a temination of his contract ‘howsoever occasioned’. The employer appealed the decision against it based on D -v- M. Held: It was necessary to … Continue reading Rock Refrigeration Limited v Jones and Seward Refrigeration Limited: CA 10 Oct 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 respondent Bain was a director of a number of connected companies, including Smarturgent and Pantone, both of which he indirectly controlled. The liquidator of both companies brought proceedings against Bain on a number of claims for breach of duty as a director, including that he had caused Smarturgent to spend a total of over … Continue reading In re Pantone 485 Ltd: ChD 29 Nov 2001
Judges: Hart J Citations: [2005] EWHC 1382 (Ch) Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Professional Negligence, Limitation Updated: 27 September 2022; Ref: scu.228236
(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 course agree. One of these obligations, counsel proceeded to argue, was to bring any action … Continue reading Port Jackson Stevedoring Pty. Limited v Salmond and Spraggon (Australia) Pty. Limited: PC 10 Jul 1980
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 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
‘Does the non-payment of a court fee mean that time continues to run for limitation purposes in respect of a new claim within existing proceedings? In my view it does not. If a new claim which is not otherwise abusive is made by amendment within the limitation period, it will not later become time-barred because … Continue reading Butters and Another v Hayes: CA 25 Feb 2021
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 – 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, paragraphs 1 and 8 – Land Registration Act 2002 Schedule 4; Adjudicator to Her Majesty’s Land Registry … Continue reading Arnold and Arnold v Roughton Land Trust Musker and Musker, (Practice and Procedure): LRA 5 Nov 2007
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
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 not made out – Application dismissed Citations: [2006] EWLandRA 2004 – 1242 … Continue reading J C Decaux Ltd v Kwik Save Stores Ltd (Adverse Possession): LRA 23 Jun 2006
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
The court considered an appeal against an order allowing an amendment outside the limitation period which would Judges: Lloyd, Wilson, Gross LJJ Citations: [2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364 Links: Bailii Statutes: Civil Procedure Rules 19.5, Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Cited … Continue reading Irwin and Another v Lynch and Another: CA 6 Oct 2010
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
COMPENSATION – limitation – Land Compensation Act 1973 – whether proceedings brought when notice of reference sent to Tribunal – whether notice of reference a nullity if failing to identify all persons interested in the land – held claim not statute barred – 1973 Act s 16, Limitation Act 1980 s 9(1), Lands Tribunal Rules … Continue reading O’Donovan v Manchester (Ringway) Airport Plc: UTLC 26 Aug 2009
The court preferred the more objective approach as to looking at when a plaintiff was to be fixed with knowledge of his injury: ‘If the purpose of section 14(3) is to create deemed or constructive knowledge in circumstances where there is no actual knowledge, it is highly improbable that Parliament intended that the application of … Continue reading Parry v Clwyd Health Authority: QBD 1996
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: [1980] 1 WLR 968 Statutes: … Continue reading Simpson v Norwest Holst Southern Ltd: CA 1980
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
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
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
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
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 claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006
The court considered the meaning of ‘war’ in the context of an insurance contract: ‘The issue is not whether the events in Lebanon were recognised in the United Kingdom as amounting to a civil war in the sense in which the term is used in Public International Law with the corollary that this country would, … Continue reading Spinneys (1948) Ltd v Royal Insurance Co Ltd: 1980
The shipping company was insured against loss of business following Acts of war. It sought to claim after the attack on America in September 2001. Held: The policy had a limitation which applied ‘in the annual aggregate and in all’ which therefore prevented separate sums in respect of each ship exceeding this sum in total. … Continue reading If P and C Insurance Limited (Publ.) v Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot;: CA 5 Jul 2004
The plaintiff had issued a writ claiming damages for personal injuries caused by negligent driving more than three years after the accident, and now wanted to amend the writ by adding a claim for trespass to the person based on the same facts. The court asked whether the applicable limitation Act covered an allegation of … Continue reading Kruber v Grzesiak: 1963
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996
Claim in proceedings for damages for breach of duty under a retainer; The preliminary issue which the judge had to determine was whether the claimants had commenced the proceedings within any applicable period of limitation. Judges: Lord Justice Chadwick Citations: [2006] EWCA Civ 530 Links: Bailii Statutes: Limitation Act 1980 12A(4)(b) Jurisdiction: England and Wales … Continue reading 3M United Kingdom Plc and Another v Linklaters and Paines (A Firm): CA 3 May 2006
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 claimant sought damages under the 1967 Act asserting injury from a drug sold by the defendant. Proceedings had been mistakenly commenced against Aventis Pasteur MSD Ltd within the limitation period, but outside the limitation period, it was sought to substitute the actual manufacturer Aventis Pasteur SA. Held: The substitution should be made. The sole … Continue reading O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006
Claim for adverse possession. Citations: [2006] EWCA Civ 1392 Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation, Land Updated: 08 July 2022; Ref: scu.245607
The parties had been involved in investing in an airline to secure its future, but it was now said that one party had broken the shareholders’ or voting agreement in not allowing further investments on a pari passu basis. The defendants argued that the claim was out of time unless the claimant could bring the … Continue reading Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now considered whether the claim was out of time. That issue depended upon whether a … Continue reading Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006
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 had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006
A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read ‘tenant’. Held: The tenant’s appeal failed. The judge was correct to allow … Continue reading Littman and Another v Aspen Oil (Broking) Ltd: CA 19 Dec 2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
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
Former members of the armed forces and others claimed damages for personal injuries, claiming that they had been obliged to expose themselves to the effects of atomic bomb explosions in the 1950s. The defendant argued that the claims were now out of time. Held: New scientific evidence had become available to support the claim, and … Continue reading AB and Others v Ministry of Defence: QBD 5 Jun 2009
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 company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years. Held: After serving a notice to quit the owner did not take any further steps to obtain possession, even after … Continue reading Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate. Held: The limitation period against a personal representative began to run only after one year, the executor’s year, after the grant. No … Continue reading Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005
The company appelaed a refusal of the judge to strike out a winding up petition. They said the petition was based upon a judgment which was now time barred. The petitioner replied that such a petition was not an action under the section. Held: Although a winding up petition is, in a general sense, a … Continue reading Ridgeway Motors (Isleworth) Ltd v Alts Ltd: CA 10 Feb 2005
The company sought repayment of excess advance corporation tax payments made under a mistake of law. The question was the extent of the effect of the ruling in Klienwort Benson, in particular whether it covered sums paid as taxation, and how the law of limitation was to be allowed for. Held: Money paid under a … Continue reading Inland Revenue and Another v Deutsche Morgan Grenfell Group Plc: CA 4 Feb 2005
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004
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
An action may be brought on a judgment to enforce it, if it is still within the relevant limitation period: ‘Suing on a judgment, at all events for the first time, cannot be said to defeat legislative policy. That is plain from the very language of section 24 . . Here the second action was, … Continue reading ED and F Man (Sugar) v Haryanto: CA 17 Jul 1996
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the claim. Held: Given undiagnosed dysexia, it was unlikely that he would seek help. The fact that … Continue reading Adams v Bracknell Forest Borough Council: CA 6 May 2003
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have to be proved to support each version. The mere addition … Continue reading Savings and Investment Bank Ltd (in Liquidation) v Fincken: CA 6 Nov 2001
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
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation under s20. The Society said that the debt was a judgment debt which … Continue reading West Bromwich Building Society v Wilkinson: HL 30 Jun 2005
The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time. Held: Section 9 applies to claims for compensation for compulsory purchase. The mere fact that a party … Continue reading London Borough of Hillingdon v ARC Limited (No 2): CA 16 Jun 2000
The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that time did not run until the sum was fixed. Held: The Commission’s … Continue reading Legal Services Commission v Rasool: CA 5 Mar 2008
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
UTLC SERVICE CHARGES – jurisdiction of leasehold valuation tribunal – construction of lease – whether rent payable by a management company in respect of the common parts recoverable as part of the service charge – Limitation Act 1980 s.21 Citations: [2010] UKUT 75 (LC) Links: Bailii Statutes: Limitation Act 1980 21 Jurisdiction: England and Wales … Continue reading Warwickshire Hamlets Ltd and Another v Gedden and Others: UTLC 26 Mar 2010
The plaintiff had been a passenger in a car, and sought damages from the car driver, from an injury occurring as the car crashed. Proceedings were not begun within the three year limit. The proceedings were begun on the basis of an implausible version of events which he had agreed with the defendant shortly after … Continue reading Samuels v Walker: CA 16 May 1997
Where a tenant under a grazing license had stayed over after the end of the tenancy, and had been refused a renewed licence, and had continued to graze the land for over twelve years, the mere overstaying was not enough to evidence an animus possidendi, an intention to assert an interest contrary to that of … Continue reading J A Pye (Oxford) Ltd and Another v Caroline Graham and Another: CA 6 Feb 2001
Solicitors appealed a finding of professional negligence in the purchase of land which had been subject to restrictive covenants which had not been disclosed to the bank, saying that time had begun to run against the bank at a time when the bank accepted new clients as debtors under the security. Judges: Potter LJ, Sedley … Continue reading Crosse and Crosse (A Firm) v Lloyds Bank Plc: CA 16 Mar 2001
The claimant, Capacious Investments Ltd, brought proceedings against Tang’s estate for damages for the loss of use and occupation, and also an account of profits and damages for loss and damage incurred, for example by encumbering the property with leases. It obtained an account of profits and an award of compensatory damages as a result … Continue reading Personal Representatives of Tang Man Sit v Capacious Investments Ltd: PC 18 Dec 1995
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 claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
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
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: [2008] EWLandRA 2004 – … Continue reading Terence Charles Palmer v Beaulane Properties Limited (Adverse Possession): LRA 26 Jun 2008
The plaintiff was seeking to claim against his employers for personal injuries. There was correspondence with them before action that did not lead to a settlement. When the writ was issued a junior clerk made a mistake and issued it in the very similar name of an associated company of the employers. The defendant challenged … Continue reading Mitchell v Harris Engineering Co Ltd: CA 1967
The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding interest. A purchaser of land and in particular a reversion to a lease, will … Continue reading National Provincial Bank Limited v Ainsworth: HL 1965