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
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 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
Appeal from a decision to grant the defendant bank summary judgment in respect of certain of the claimants’ claims. The result of the judgment is that the claimants can pursue a claim in deceit and contend that such claim is neither time-barred nor precluded by anti-set off provisions in their contract with the bank. No … Continue reading Woodeson and Another v Credit Suisse (UK) Ltd: CA 17 May 2018
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
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
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 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
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 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
(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
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
LRA KEYWORDS – Adverse possession claim – Schedule 6 to the Land Registration Act 2002 – effect of Sections 96 and 97 of the 2002 Act – acknowledgment of title – Section 29 of the Limitation Act 1980 – Without prejudice’ correspondence – whether privileged – alleged perjury Citations: [2008] EWLandRA 2008 – 0321 Links: … Continue reading Michael Walton v Kerguelen Investments Limited (Practice and Procedure): LRA 22 Dec 2008
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 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
A claim against a bank for repayment of a deposit does not of itself restart the limitation period on a claim, but where a customer revoked a demand, asking for payment at next maturity, the contract continued and the limitation period started afresh. Citations: Times 10-Dec-1998, Gazette 10-Dec-1998, [1998] EWCA Civ 1776 Statutes: Limitation Act … Continue reading Mahomed v Bank of Baroda: CA 10 Dec 1998
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
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
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
PENSIONS – PROFESSIONAL NEGLIGENCE – LIMITATION – Liability of scheme administrator – Delay in closing Barber Window – Defendant’s application to strike out and for summary judgment – Claimants’ application for permission to amend particulars of claim – Limitation Act 1980, ss 14A, 14B, 32 Judges: His Honour Judge Hodge QC Sitting as a Judge … Continue reading James Cropper Plc and Another v Aviva Life and Pensions UK Ltd: ChD 8 Jul 2022
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 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 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 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
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
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
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
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
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 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
The case concerned a quantum meruit claim under a building contract. Even though the basis of the claim lies in statute, nonetheless an agreement must be treated as an ‘acknowledgment’ of a ‘liquidated pecuniary claim’ for the purpose of the section, and limitation ran from the date of that agreement. Citations: [1987] 9 ConLR 139 … Continue reading Amantilla Ltd v Telefusion plc: 1987
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
Citations: [2018] EWHC 729 (TCC), [2018] WLR(D) 202 Links: Bailii Statutes: Liability (Contribution) Act 1978, Limitation Act 1980 10(1) 10(3) 10(4) Jurisdiction: England and Wales Limitation Updated: 25 April 2022; Ref: scu.620121
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
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
Baron Parke said: ‘It is quite clear that a promissory note, payable on demand, is a present debt, and is payable without any demand, and the statute begins to run from the date of it.’ Judges: Baron Parke Citations: [1837] EngR 183, (1837) 2 M and W 461, (1837) 150 ER 839 Links: Commonlii Jurisdiction: … Continue reading Norton v Ellam: 1837
Breaches of articles in the European Treaty by the UK government were tortious in nature, and the appropriate limitation period for claiming was governed by section 2 (six years). The government had failed to allow European fishing vessels into its waters, and had made itself liable for damages. Once this became clear, applicants sought to … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their contract limited their liability to the cost of the seed. Held: … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: CA 29 Sep 1982
A coroner was obliged to sit with a jury under the section 13(2) of the 1926 Act where the deceased, who was watching a demonstration, was struck a violent blow on the back of his head from which he died.Bridge LJ said: ‘The key to the nature of that limitation is to be found, I … Continue reading Regina v Her Majesty’s Coroner at Hammersmith ex parte Peach: CA 1980
EAT National Minimum Wage – Unlawful Deduction – National minimum wage – unauthorised deduction from wages – section 23 Employment Rights Act 1996 – sections 9 and 39 Limitation Act 1980 The Claimant had successfully claimed that the Respondent had failed to pay him at national minimum wage rates and, at the subsequent Remedies Hearing … Continue reading Coletta v Bath Hill Court (Bournemouth) Property Management Ltd: EAT 29 Mar 2018
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
The court will not add a person as a defendant to an existing action if the claim was already statute-barred and he wished to rely on that defence, and if the court allows such addition ex parte it will not, on objection allow the addition to stand. Where a defendant is added under Ord.15 r.6 … Continue reading Liff v Peasley: CA 1980
The tenant sought a new lease and served a notice. The notice named the former landlord not the current landlord. Held: Order 20 could be used to correct the name where the error was a mere mistaken description of the correct party, but not a mistake as to the actual identity of the party. No … Continue reading Evans Construction Co Ltd v Charrington and Co Ltd: CA 1983
A limited company was correctly restored to the register from dissolution so that its insurers could face an arguable claim. Where a first writ issued within the primary limitation period was ineffective (although not a nullity) through having been issued against a company which had been struck off the register, the Walkley principle does not … Continue reading Re Workvale Ltd (In Liquidation): CA 8 Apr 1992
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Appeal against refusal to excuse claim in slander being out of time. The claim was in respect of the claimant being ‘disfellowed’ by the Society. Held: The claim form was in fact issued one day within the period. Appeal allowed. Judges: Sir Geoffrey Charles Vos Ch, Gloster, Sharp LJJ Citations: [2017] EWCA Civ 136 Links: … Continue reading Otuo v Watchtower Bible and Tract Society of Britain: CA 9 Mar 2017
Lord Kerr, Lord Sumption, Lord Carnwath, Lord Lloyd-Jones, Lord Briggs [2018] UKSC 14, [2018] 2 BCLC 311, [2018] WLR(D) 130 Bailii, Bailii Summary Limitation Act 1980 21 32 England and Wales Limitation Updated: 13 January 2022; Ref: scu.605620
On 19 September 1830 an article was published in the Weekly Dispatch. The limitation period for libel was six years. The article defamed the Duke of Brunswick. Seventeen years after its publication an agent of the Duke purchased a back number containing the article from the Weekly Dispatch’s office. Another copy was obtained from the … Continue reading Duke of Brunswick v Harmer: QBD 2 Nov 1849
The claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time. Held: The application … Continue reading Abela and Others v Baadarani and Another: ChD 28 Jan 2011
The Court was asked whether the justices had had power under section 4(2) to impose reporting restrictions on committal proceedings pending the trial to which they related.. Held: They had. A premature publication in contravention of a postponement order under section 4(2) of which the publisher was aware is a contempt of court notwithstanding section … Continue reading Regina v Horsham Justices ex parte Farquharson: CA 1982
Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
The Claimant alleged against Harrods Limited the tort of conversion in accordance with s.2(2) of the Torts (Interference with Goods) Act 1977. The claim relates to certain personal items (principally jewellery) which she inherited and which for many years remained in a safe deposit box on the Defendant’s premises. Held: On the facts, Eady J … Continue reading Schwarzschild v Harrods Ltd: QBD 19 Mar 2008
The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged. Held: The enforcement of the charging order by normal means is not barred by section 20(1), and unlike the position under a … Continue reading Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008
Evans-Lombe J said: ‘In my judgment, section 21(1) of the Limitation Act 1980, following the decision of Mr Justice Danckwerts in the G.L. Baker Ltd case and the obiter dicta of Lord Esher and Bowen LJ in Soar v Ashwell, is to be construed as applying to accessories to the fraudulent breaches of trust of … Continue reading Statek Corporation v Alford and Another: ChD 17 Jan 2008
(High Court of Australia) The court considered a possible extension of the law of negligence. Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘Dean J said: ‘The requirement of proximity is directed to the relationship between the parties in so far as it is relevant … Continue reading Sutherland Shire Council v Heyman: 4 Jul 1985
May LJ said: ‘Knowledge’ is an ordinary English word with a clear meaning to which one must give full effect; ‘reasonable belief’ or ‘suspicion’ is not enough. The relevant question merits repetition – ‘when did the appellant first know that his dermatitis was capable of being attributed to his conditions at work?.’ May LJ Unreported, … Continue reading Davis v Ministry of Defence: CA 26 Jul 1985
The parties’ respective properties were separated by a fence or hedge and the true owner had no access to the disputed land. In 1967 the Defendants’ predecessors in title began to maintain the land by mowing the grass and trimming the hedges and using the land for their own purposes. The evidence was that the … Continue reading Buckinghamshire County Council v Moran: CA 13 Feb 1989
The applicant, then Astrid Proll, fled bail in Germany when awaiting trial on terrorist charges, entered England and under a false name, and married Mr Puttick. She resisted extradition saying that under the 1948 Act she was now a British National. She appealed against a decision that she could not rely upon her fraudulent behaviour. … Continue reading Regina v Secretary of State for the Home Department Ex Parte Puttick: CA 1981
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The plaintiff’s writ had not been served within the required time, and it had become too late to extend its validity. The plaintiff isued a second writ. The defendant argued limitation. Counsel for the plaintiffs sought to distinguish Walkley on the very narrow ground that there was no question of the first action having being … Continue reading Chappell v Cooper: CA 1980
The court was asked under what circumstances it should exercise its discretion to extend the limitation period under section 33. Held: Lady Justice Smith said: ‘It appears to me that there is now a long line of authority to support the proposition that, in a case where the defendant has had early notice of the … Continue reading Cain v Francis: CA 18 Dec 2008
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
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend the limitation period. The House was also asked as to whether … Continue reading A v Hoare: HL 30 Jan 2008
