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
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 House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
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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 claimant was seriously ill and claimed that this arose from exposure to asbestos fibres working for the defendant many years before. He now sought an extension of time to make the claim. Held: The court upheld the limitation defences of both defendants and dismissed the action: i) The claimant did not have actual knowledge … Continue reading Collins v Secretary of State for Business Innovation and Skills: QBD 2 May 2013
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the driver defendant. Held: The plaintiff was allowed to seek the exercise … Continue reading Shapland v Palmer: CA 23 Mar 1999
Citations: [1999] EWCA Civ 886 Statutes: Limitation Act 1980 33 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 or 1991. … Continue reading Dale v Michelin Tyre Plc: CA 3 Mar 1999
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
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 plaintiff sought damages for deafness following exposure to excessive noise during his employment with the first and second defendants some 20 to 35 years previously. He issued his writ six years after the date of knowledge under LA section 14 and therefore three years after expiry of the limitation period. The judge had declined … Continue reading Price v United Engineering Steels Limited; J J Habershon and Sons Limited: CA 12 Dec 1997
Appeals against a judge’s use of his judicial discretion exercised on the extension of time for commencement of proceedings will succeed only with difficulty. Citations: Times 19-May-1994, [1995] PIQR 135 Statutes: Limitation Act 1980 33(1)(a) Jurisdiction: England and Wales Cited by: Cited – Chagos Islanders v Attorney-General and Another CA 22-Jul-2004 The claimants sought leave … Continue reading Yates v Thakeham Tiles Ltd: CA 19 May 1994
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
Citations: [1996] EWCA Civ 1197 Statutes: Limitation Act 1980 33 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 or 1991. … Continue reading Riddell v Wessex Regional Hospital Authority and Another: CA 12 Dec 1996
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of a judge under section 33 of the 1980 … Continue reading Aktas v Adepta: CA 22 Oct 2010
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 plaintiff, then a 16 year old girl slipped and fell whilst employed at the defendant’s factory. The limitation period expired on her 21st birthday. She commenced proceedings five and a half months after that date. The judge extended time under LA section 33, holding that he could only consider prejudice suffered by the defendant … Continue reading Donovan v Gwentoys Ltd: HL 1990
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
Citations: [2001] EWCA Civ 818 Links: Bailii Statutes: Limitation Act 1980 33 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 Griffin and others v Clwyd Health Authority and others: CA 14 May 2001
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 claimant sought damages for personal injuries after ingesting asbestos while employed as a joiner by the defendant. The defendant appealed an order allowing the claim to go ahead despite being out of time. Citations: [2004] EWCA Civ 920 Links: Bailii Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Citing: Cited – KR and … Continue reading Buckler v J F Finnegan Ltd: CA 21 Jun 2004
Citations: [2002] EWCA Civ 1970 Links: Bailii Statutes: Limitation Act 1980 33(3) Jurisdiction: England and Wales Personal Injury, Limitation Updated: 08 June 2022; Ref: scu.189025
The claimant had issued proceedings against the deceased after his death, but before a personal representative had been appointed. They later discontinued and re-issued against the person appointed by the court to defend the action. The defendant then said the proceedings were an abuse of process, and pleaded a limitation defence. Held: The deceased was … Continue reading Piggott v Aulton (Deceased): CA 29 Jan 2003
Where it was not the claimant’s fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor … Continue reading Steeds v Peverel Management Services Limited: CA 30 Mar 2001
Where a personal injury action had been delayed for five years by bad advice from solicitors and counsel, the court’s discretion should be exercised to allow the plaintiff to proceed with her claim, not herself being responsible for the delay.Sir Christopher Staughton (referring to Whitfield v Durham) said: ‘If that passage means that as a … Continue reading Das v Ganju: CA 31 Mar 1999
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
A Judge has a discretion to extend the limitation period where memory has recovered after a long delay. Citations: Gazette 30-Apr-1997 Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Limitation Updated: 11 May 2022; Ref: scu.89865
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
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 claimant sought the judge’s discretion to disapply the rule in Walkley. The judge characterised the defendant’s conduct as ‘though not improper, sufficiently blameworthy to result in a situation which was at any rate analogous to an estoppel and sufficient therefore to bring it within the category of ‘most exceptional circumstances’ which Lord Diplock had … Continue reading Clay v Chamberlain: QBD 2002
The writ was issued one day late; there had been early notification of the claim; and the defendant’s ability to defend the case was unaffected. The plaintiff asked the court to exercide its discretion to allow the claim t proceed. Held: The question under s33(1) is ‘would it be fair and just to allow the … Continue reading Hartley v Birmingham City District Council: CA 1992
The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under … Continue reading RAR v GGC: QBD 10 Aug 2012
The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997
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
Reasons for extension of time for bringing claim. Walden Smith HHJ [2016] EWHC 527 (QB) Bailii Limitation Act 1980 33 England and Wales Limitation Updated: 11 November 2021; Ref: scu.562176
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 or 1991. The judge had accepted her evidence that she did not know that she had a right of action against her employers until she left in 1991. Held: The … Continue reading Coad v Cornwall and Isles of Scilly Health Authority: CA 17 Jul 1996
‘These appeals raise questions as to the correct approach to the application of section 33 of the Limitation Act 1980 in the light of the decision of the House of Lords in A v Hoare [2008] UKHL 6, [2008] 1 AC 844. Each appeal arises out of allegations of historic sexual abuse at a children’s … Continue reading AB and Others v Nugent Care Society: CA 29 Jul 2009
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
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not … Continue reading Earnshaw and Others v Hartley: CA 31 Mar 1999
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a … Continue reading BP Oil UK Ltd v Kent County Council: CA 13 Jun 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 court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
Judges: Lord Justice Mummery Lord Justice Potter Lady Justice Arden Citations: [2003] EWCA Civ 717 Links: Bailii Statutes: Limitation Act 1980 833 Jurisdiction: England and Wales Citing: Leave granted – Burke v Ashe Construction Ltd CA 16-Dec-2002 Renewed application for leave to appeal – granted. . . Cited – Coad v Cornwall and Isles of … Continue reading Burke v Ashe Construction Ltd: CA 23 May 2003
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 court considered the application of section 21 of the 1980 Act to a claim against a company director for breach of fiduciary duty. Judges: Patten, Kitchin, Briggs LJJ Citations: [2017] EWCA Civ 186, [2017] WLR(D) 232, [2017] 3 WLR 896, [2018] Ch 25 Links: Bailii, WLRD Statutes: Limitation Act 1980 21 Jurisdiction: England and … Continue reading First Subsea Ltd v Balltec Ltd and Others: CA 30 Mar 2017
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents. Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation and quantum of damages to be dealt with later if necessary. As to limitation, … Continue reading NA v Nottinghamshire County Council: QBD 2 Dec 2014
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
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
Judges: Underhill VP, Irwin , Nicola Davies LJJ Citations: [2019] EWCA Civ 1707, [2019] WLR(D) 568 Links: Bailii, WLRD Statutes: Limitation Act 1980 9 39 Jurisdiction: England and Wales Employment, Limitation Updated: 31 August 2022; Ref: scu.642660
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
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 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
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
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 claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period. Held: The claimant was seeking to use the rules for substitution of parties to add a party. In defamation law, the claim of each claimant was a single and separate … Continue reading Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007
The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise. Held: The defendant’s appeal was allowed. ‘If a claimant can bring himself within section 11(4)(b), then he can … Continue reading McCoubrey v Ministry of Defence: CA 24 Jan 2007
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
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
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
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
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 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
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The court considered the application of CPR 3.9(1) to a decision relating to the relief of a sanction. Held: Lord Justice Brooke said: ‘It is essential for courts, exercising their discretion on an occasion like this, to consider each matter listed under CPR 3.9(1) systematically in the same way as it is now well known … Continue reading Bansal v Cheema: CA 2 Mar 2000
The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused to extend the period. The lack of prejudice to the defendant was not in itself … Continue reading Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001
The claimant appealed against a finding that having once already issued a claim, a second claim was out of time, not accepting that she had had the knowledge effective to commence the limitation period. Held: Judge LJ had ‘difficulty in perceiving how in any case where a claimant has sought advice and taken proceedings, it … Continue reading Sniezek v Bundy (Letchworth) Limited: CA 7 Jul 2000
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
Appeal from a judgment that the claim for damages for industrial disease, commenced by the respondent against the appellants had been brought by the respondent within three years of his date of knowledge for the purposes of section 11(4) and section 14 of the Limitation Act 1980, and that, in any event, he would override … Continue reading Parsons v Warren and Another: CA 31 Jan 2002
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 European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011
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
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, would be dismissed for want of prosecution. Held: He could not do so. He was not prejudiced by the primary limitation period since he … Continue reading Walkley v Precision Forgings Ltd: HL 1979
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
The claimant sought damages following a road accident against an uninsured driver through the Motor Insurer’s Bureau. The Bureau later required him to issue proceedings also against the car owner on the ground that he had permitted the driving. At first it was held the limitation period was six years for such a claim, but … Continue reading Norman v Ali and Another, Norman v Aziz: CA 13 Jan 2000
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
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 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
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
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
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
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
Judges: Lord Justice Simon Brown Lord Justice Mummery And Lord Justice Latham Citations: [2000] EWCA Civ 303, [2002] 1 P and CR 18, [2000] EGCS 148, (2001) 33 HLR 44 Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Limitation, Land Updated: 23 March 2022; Ref: scu.147336
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest. Held: Interest would be payable from the date of entry. The limitation period arose only once the amount of interest payable was agreed. [1997] EWCA Civ 2555, [1998] 1 All ER 33 Bailii … Continue reading Halstead v Council of City of Manchester: CA 23 Oct 1997
The claimant sought damages for a breach of duty by his teachers which had happened before 1991. He argued that 3(1) of the HRA should affect the construction of section 14(1) of the 1980 Act. [2003] EWCA Civ 1281, [2003] ELR 771 Bailii Limitation Act 1980 14 33, Human Rights Act 1980 14(1) England and … Continue reading Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003
The court was asked as to the circumstances in which the court could allow an amendment of pleadings so as to allow an additional claim where the action would otherwise be outside the limitation period. Dyson L MR, Tomlinson, Briggs LJJ [2014] EWCA Civ 996, [2014] WLR(D) 335 Bailii, WLRD Limitation Act 1980 35 England … Continue reading Mercer Ltd and Another v Ballinger and Another: CA 17 Jul 2014
The defendant had been tried for murder. The plaintiff now sought civil damages. The defendant replied that the case was brought out of time, and now appealed against the court’s extension of the time limit on the basis that the plaintiff had not known of the possibility of civil action. Held: It was no reproach … Continue reading Halford v Brooks: CA 1991
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it in the way promised. The company failed. At first instance the judge … Continue reading Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
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
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
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been … Continue reading Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009
