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Search Results for: Limitation Act 1980 S1
Browne v Perry: PC 14 Oct 1991
(Antigua and Barbuda) The parties disputed a claim for land by adverse possession.
Held: Any acknowledgement of a paper title must be in writing. Lord Templeman explained the rule against reliance upon oral acknowledgements in adverse . .
Siddiqui v University of Oxford: QBD 5 Dec 2016
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
Roberts vWinbow (3): CA 4 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
Re Lands Allotment Company: CA 1894
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
O’Driscoll v Dudley Health Authority: CA 30 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
Graham v Entec Europe Ltd (T/A Exploration Associates): CA 6 Aug 2003
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
Mirza v Birmingham Health Authority: QBD 31 Jul 2001
The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001
Doyle v PRA Group (UK) Ltd: CA 23 Jan 2019
Whether the cause of action for the outstanding sums accrued when D first defaulted in his payments or only when D failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. D appealed from a finding against him. Held: The appeal failed. ‘The effect of the … Continue reading Doyle v PRA Group (UK) Ltd: CA 23 Jan 2019
Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 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
Haward and others v Fawcetts: HL 1 Mar 2006
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
Spargo v North Essex District Health Authority: CA 13 Mar 1997
The test of ‘When a plaintiff became aware of the cause of an injury’ is a subjective test of what passed through plaintiff’s mind. ‘(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or omission to which the injury is attributable; (2) ‘attributable’ in this … Continue reading Spargo v North Essex District Health Authority: CA 13 Mar 1997
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
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
Ministry of Defence v AB and Others: SC 14 Mar 2012
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness under the 1980 Act. They said that they had only acquired the knowledge to found an action in 2007 on the … Continue reading Ministry of Defence v AB and Others: SC 14 Mar 2012
law index
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
