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
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical damage to the houses occurred, but when the plaintiffs became the owners of the houses … Continue reading Ketteman v Hansel Properties Ltd: HL 1987
Knowledge of the cause of action was sufficiently established by the seeking of professional advice, to set the limitation period running. The act of making the request indicated a sufficient awareness. Citations: Independent 12-Oct-1995 Statutes: Limitation Act 1980 14A(5) Jurisdiction: England and Wales Limitation Updated: 20 December 2022; Ref: scu.90557
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
Limitation period for claims for rent against guarantor under seal is six years. Citations: Times 22-Nov-1995 Statutes: Limitation Act 1980 19 Jurisdiction: England and Wales Limitation Updated: 09 December 2022; Ref: scu.88854
Limitation periods are more easily set aside in defamation cases. The court has a wide discretion. Citations: Times 15-Nov-1995 Statutes: Limitation Act 1980 32A Jurisdiction: England and Wales Defamation Updated: 09 December 2022; Ref: scu.84515
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
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
A beneficiary under an intestacy, who tried to position himself as owner of assets in the estate, became a constructive trustee of those assets, with or without letters of administration, and accordingly the claim for the return of the land was not time-barred. ‘Parliament, wittingly or unwittingly has drawn a distinction between personal representatives and … Continue reading James v Williams: CA 8 Mar 1999
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
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 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
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
Henderson LJ referred to the judgment of Neuberger LJ in Sephton in which he discussed the need for there to be an assumption that the claimant desires to know that there has been a fraud. Henderson LJ observed: ‘Another way to make the same point . . might be that the ‘assumption’ referred to by … Continue reading Gresport Finance Ltd v Battaglia: CA 23 Mar 2018
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
A limited company is not a trustee of its funds, but their beneficial owner. However, the fiduciary character of the duties of its directors mean that they are treated as if they were trustees of those funds of the company which are in their hands or under their control, and if they misapply them they … Continue reading Re Lands Allotment Company: CA 1894
A positive averment by defendant short of a claim for relief did not constitute a ‘claim’ under the section, and the judge had jurisdiction to allow a later amendment claiming relief as an original counterclaim. It was not barred either under RSC 20 (5) Citations: Gazette 14-Oct-1998, [1998] EWCA Civ 1443, [1999] 1 WLR 231 … Continue reading JFS (UK) Limited Tilghman Wheelabrator Limited v Dwr Cymru Cyf: CA 18 Sep 1998
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 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
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
Citations: [1998] EWCA Civ 1328 Statutes: Limitation Act 1980 5 6 Jurisdiction: England and Wales Limitation, Contract Updated: 23 November 2022; Ref: scu.144807
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 suffered injury walking a gangway onto a moored ship. Her solicitors failed to identify the owner of the ship, misspelling the name and failing to search in the General Register of Shipping and Seamen. The eventual claim was made outside the basic limitation period. Was the plaintiff fixed with knowledge under section 14(3)(b)? … Continue reading Henderson v Temple Pier Company Limited: CA 23 Apr 1998
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
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
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 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 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 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
Applicable time limit for the bringing of claims arising out of a public procurement process which is not governed by the Public Contracts (and similar) Regulations. It raises the stark contrast between the 3-month time limit required for an application for judicial review, and the 6-year limit for a claim for breach of statutory duty … Continue reading The Secretary of State for Transport v Arriva Rail East Midlands Ltd (‘Arriva’): CA 18 Dec 2019
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 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
‘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
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
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
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
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
A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover … Continue reading Gold v Mincoff Science and Gold: ChD 18 Jan 2001
The 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
Cox J considered the circumstances required to justify the extension of time for limitation: ‘In my view the crucial question in cases such as these, when considering the effects of the passage of time generally and the Section 33 discretion, is whether it is still possible to have a fair trial of the issues on … Continue reading Khairule v North West Strategic Health Authority: QBD 4 Jul 2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid out of the estate which had defeated the inheritance rights of … Continue reading Roberts v Gill and Co and Another: CA 15 Jul 2008
Judges: Dyson LJ, Maurice Kay LJ Citations: [2008] EWCA Civ 758 Links: Bailii Statutes: Limitation Act 1980 14(1)(c) Jurisdiction: England and Wales Limitation Updated: 17 July 2022; Ref: scu.270564
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 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
Applications were made to amend pleadings and for consequential orders. The claimant sought damages of $4.3 billion alleging breach of trust. The claimant sought to add claims which the defendant said were out of time. Held: The proposed amendment was refused. ‘It is open to the Claimant to bring claims for breach of trust or … Continue reading Berezovsky v Abramovich: ComC 22 May 2008
The borrower fell into arrears when he lost his job. Benefits payments were made toward the debt under the 1992 Act. Those stopped, and the house was repossessed. The property was sold, and the claimant eventually sought to recover the shortfall. They relied on the last benefits payment as acknowledgement of the debt, saying it … Continue reading Bradford and Bingley Plc v Cutler: CA 18 Jan 2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
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
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 damages for her rape by the defendant. After his conviction and having served his sentence, the defendant won substantial sums on the lottery. Held: The sums paid by the Criminal Injuries Compensation Board were not paid by the defendant tortfeasor, but by the british taxpayer, and it would be contrary to notions … Continue reading A v Hoare: QBD 8 Jul 2008
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
Citations: [2005] EWCA Civ 482 Links: Bailii Statutes: Limitation Act 1980 3391) Jurisdiction: England and Wales Limitation, Personal Injury Updated: 30 June 2022; Ref: scu.224904
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 defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis should be allowed to sink back to the ocean bottom. It would muddy the … Continue reading Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 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
The court considered a claim for the adverse possesion of land. Held: Dyson LJ said: ‘to establish a claim of adverse possession for the requisite period of 12 years it is necessary to establish: (1) actual possession; (2) an intention to possess. That has two elements. First a subjective element requiring the person, the trespasser, … Continue reading Inglewood Investments Company Ltd v Baker: CA 8 Nov 2002
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
The claimant alleged that her solicitors had concealed from her the fact that they had entered a consent order which dismissed her claim for medical negligence. Held: The solicitor had failed to inform the client that her original claim against a doctor had been struck out although he was aware at the time that it … Continue reading Williams v Fanshaw Porter and Hazelhurst: CA 18 Feb 2004
The taxpayer sought to bring an action for restitution by the revenue of sums paid under a mistake of law. Under the Metallgesellschaft decision, rights of election for recovery of overpaid tax applied only between UK resident companies. Held: The limitation period began only upon the decision which stated the law, and not upon the … Continue reading Deutsche Morgan Grenfell Group Plc v The Commissioners of Inland Revenue, HM Attorney General: ChD 18 Jul 2003
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 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 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
Citations: [1998] EWCA Civ 1000 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children’s Home and Orphanage Registered: CA 15 Jun 1998
The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred. Held: The appeal failed. The limitation period for a claim for a compensation payment runs from the date of the entry into possession of the land by … Continue reading London Borough of Hillingdon v ARC Limited: CA 7 Apr 1998
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 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
The plaintiffs, with the leave of the court, had obtained garnishee and charging orders nisi against the debtor 11 and a half years after they had obtained a consent judgment. Held: An application by the judgment debtor to set aside the orders on the ground that they were statute barred under section 24(1) should be … Continue reading Lowsley and Another v Forbes (Trading As I E Design Services): HL 29 Jul 1998
Burden is on the plaintiff to show when time began in personal injuries action. Citations: Times 05-Jul-1995 Statutes: Limitation Act 1980 11 Limitation Updated: 19 May 2022; Ref: scu.79675
Francis Bacon sold his paintings through the defendant agents for many years. The original contractual arrangement grew into a fiduciary one. The claimants asserted that the defendants were in breach of that fiduciary duty, the defendants asserted that the relationship remained contractual, and that it was now time barred. Held: There may be a true … Continue reading Clarke (Executor of the Will of Francis Bacon, Deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 5 Jul 2001
The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983
Limitation does not run in favour of a thief. A painting stolen during the war and dealt with by those knowing its true origin remained in the ownership of the original owner however long it had been held by someone who was not a purchaser in good faith. Moses J said: ‘In resolving the disputes … Continue reading Gotha City v Sotheby’s and Another; Federal Republic of Germany v Same: QBD 9 Sep 1998
The plaintiff’s solicitors, out of negligence, failed to issue a writ until one month after the limitation period had expired. The application to extend the period was rejected at first instance since he had an unanswerable claim against his solicitors. Held: The discretion under the section arises notwithstanding a plaintiff’s solicitors’ perhaps far greater negligence … Continue reading Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981
When a party requested a court to set aside the limitation period, he was under a high duty to disclose all relevant details. Where it turned out later that he had failed to disclose relevant aspects of his medical history, it was perfectly open to the court to revisit the original order and to re-instate … Continue reading Long v Tolchard and Sons Ltd: CA 5 Jan 2000
After landlord’s claim for service charge struck out for want of prosecution, and tenant continued with amended counterclaim, Landlord’s revival of his claim by way of set off was an equitable claim and was outside the rules of the Limitation Acts. Citations: Gazette 29-Jul-1998 Statutes: Limitation Act 1980 36(2) Jurisdiction: England and Wales Equity Updated: … Continue reading Filross Securities Ltd v Midgley: CA 29 Jul 1998
The claimant was diagnosed as suffering from an industrial disease. He instructed solicitors promptly, but they failed to issue within the limitation period. The claimant applied for the time to be lengthened to allow him to claim. The court exercised their discretion in his favour. The failings of his solicitors should not be visited upon … Continue reading Corbin v Penfold Metallising Co Ltd: CA 28 Apr 2000
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
The fact that earlier proceedings under a mortgage to recover the debt as a simple contract debt had been dismissed for want of prosecution, did not prevent the mortgagee later proceeding under the mortgage as a specialty debt. Citations: Gazette 30-Jun-1999, Times 18-Jun-1999 Statutes: Limitation Act 1980 Jurisdiction: England and Wales Citing: Appealed to – … Continue reading Securum Finance Ltd v Ashton and Another: ChD 18 Jun 1999
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
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
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
An action was raised in 1980 for damages for vibration white finger in which exposure had ceased in 1973. In early 1974 the pursuer had been advised by his solicitors that a claim against the defenders was unlikely to succeed. The pursuer argued that he had acted reasonably by accepting the advice of his solicitor … Continue reading Munro v Anderson-Grice Engineering Co Ltd: 1983
The pursuer was injured in a road traffic accident on 8 July 1976 and raised an action on 19 June 1981 alleging that his original solicitors wrote to the defender on two occasions in 1977 claiming damages and that the defender had written on 5 December 1977 to say that the matter was in the … Continue reading Whyte v Walker: 1983
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
