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Swansea City Council v Glass: CA 1992

The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992

Lowsley and Another v Forbes (Trading As I E Design Services): HL 29 Jul 1998

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

C v Mirror Group Newspapers and Others: CA 21 Jun 1996

Husband and wife were involved in a custody dispute. The father made serious but false allegations to the press. She now claimed in defamation, but he relied upon limitation. She said the facts had only become known to her much later. Held: ‘Facts relevant to cause’ referred to those facts necessary to be pleaded but … Continue reading C v Mirror Group Newspapers and Others: CA 21 Jun 1996

Re a Debtor: ChD 1997

The creditor appealed the decision to set aside a statutory demand as statute barred. Held: The appeal was dismissed. Bankruptcy proceedings based on a statutory demand for moneys due under a previous default judgment constituted ‘an action upon a judgment’ within s24(1). Insolvency proceedings constituted a fresh action or proceeding newly brought, of the kind … Continue reading Re a Debtor: ChD 1997

Walkley v Precision Forgings Ltd: HL 1979

The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, 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

Attorney General v Cocke: ChD 1988

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

Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981

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

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

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

Securum Finance Ltd v Ashton and Another: ChD 18 Jun 1999

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

White v Glass: CA 17 Feb 1989

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

Hartley v Birmingham City District Council: CA 1992

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

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

Steamship Mutual Underwriting Association Ltd v Trollope and Colls Ltd: CA 1986

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

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

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

Birmingham Midshires Building Society v Infields (A Firm): TCC 20 May 1999

The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They … Continue reading Birmingham Midshires Building Society v Infields (A Firm): TCC 20 May 1999

Regina v Her Majesty’s Coroner at Hammersmith ex parte Peach: CA 1980

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

Spectrum Investment Co Ltd v Holmes: ChD 1981

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

Re Workvale Ltd (In Liquidation): CA 8 Apr 1992

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

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

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

Anns and Others v Merton London Borough Council: HL 12 May 1977

The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977

Duke of Brunswick v Harmer: QBD 2 Nov 1849

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

Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

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

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

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

Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021

The claimant had been convicted and served his time for possession of a large collection of obsolete or antique firearms. He now sought their return. The police replied that he was in any event out of time. Held: ‘Section 3(2) of the 1980 Act is, at least in the context of that Act, a somewhat … Continue reading Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021

British Coal Corporation v Keeble and others: EAT 26 Mar 1997

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

Schwarzschild v Harrods Ltd: QBD 19 Mar 2008

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

Sutherland Shire Council v Heyman: 4 Jul 1985

(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

OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021

‘This appeal is concerned with the words ‘until the plaintiff has discovered the . . concealment . . or could with reasonable diligence have discovered it’ in section 32(1) of the Limitation Act 1980. Specifically, how does that section apply when the defendant deliberately conceals a relevant fact so that (1) it cannot reasonably be … Continue reading OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021

Davis v Ministry of Defence: CA 26 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

Buckinghamshire County Council v Moran: CA 13 Feb 1989

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

Powell v McFarlane: ChD 1977

Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977

Ofulue and Another v Bossert: HL 11 Mar 2009

The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under section 29. Held: The letter should not be admitted. Any admission in the first letter could not … Continue reading Ofulue and Another v Bossert: HL 11 Mar 2009

IGE USA Investments Ltd and Others v Revenue and Customs: CA 14 Apr 2021

Whether the six-year limitation period for claims founded on the tort of deceit, under section 2 of the Limitation Act 1980 (‘LA 1980’ or ‘the 1980 Act’), at least arguably applies ‘by analogy’, pursuant to section 36(1) of the 1980 Act, to a claim for equitable rescission of a contract for fraudulent misrepresentation. Lord Justice … Continue reading IGE USA Investments Ltd and Others v Revenue and Customs: CA 14 Apr 2021

Regina v Secretary of State for the Home Department Ex Parte Puttick: CA 1981

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

Young v Downey: QBD 18 Dec 2019

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

Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

Nolan v Wright: ChD 26 Feb 2009

The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement amounted to an extortionate bargain would not be a substantive relief, and was therefore … Continue reading Nolan v Wright: ChD 26 Feb 2009

Dixon Coles and Gill (A Former Firm) v Baines, Bishop of Leeds and Another: CA 20 Jul 2021

Innocent Co-Trustee not Liable for Default Proceedings were brought by former clients against their former solicitors. One of the partners stole money held in the firm’s client account on behalf of the claimants. The other two partners were entirely innocent of, and in no way implicated in, the frauds. Some of the losses sued for … Continue reading Dixon Coles and Gill (A Former Firm) v Baines, Bishop of Leeds and Another: CA 20 Jul 2021

Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

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

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980

Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980

National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009

Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea. Held: The marine classification society was not liable in negligence to the owner of a cargo, where it was … Continue reading Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

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. 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

Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

Extent of Counsel’s Immunity in Negligence The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings. Held: A barrister’s immunity from suit extended only to such pre-trial work as was intimately connected with the conduct of the case … Continue reading Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

Practice Statement (Judicial Precedent): HL 1966

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

Societe Generale, London Branch v Geys: SC 19 Dec 2012

The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012

Williams v Central Bank of Nigeria: SC 19 Feb 2014

Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014

Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009

The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and disproportionate restriction on its right to freedom of expression. Held: The rule did engage the claimants right of free … Continue reading Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009

Page v Smith: HL 12 May 1995

The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time to time. Held: (Majority) A claim in contract or tort for damages for psychiatric injury is a claim … Continue reading Page v Smith: HL 12 May 1995

Miller v Jackson: CA 6 Apr 1977

The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of cricket balls landing in their gardens. The defendant appealed. Held: A factor to be … Continue reading Miller v Jackson: CA 6 Apr 1977

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996

Simple interest only on rate swap damages The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could also award compound interest. … Continue reading Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996

Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973

Innocent third Party May still have duty to assist The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents. Held: Disclosure should be ordered. If someone, even innocently … Continue reading Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973

Bowden v Poor Sisters of Nazareth and others and similar: HL 21 May 2008

The appellants said they had suffered abuse while resident at children’s homes run by the respondents. The respondents denied the allegations and said that they were also out of time. The claims were brought many years after the events. Held: The issues had been properly examined in the Court of Session and a discretion exercised. … Continue reading Bowden v Poor Sisters of Nazareth and others and similar: HL 21 May 2008

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

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

Forbes v Wandsworth Health Authority: CA 21 Mar 1996

The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He enquired why only some 10 years after the event. He was told … Continue reading Forbes v Wandsworth Health Authority: CA 21 Mar 1996

Fisher v Brooker and Others: HL 30 Jul 2009

The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009

Tower Hamlets v Barrett and Another: CA 19 Jul 2005

The defendant tenants appealed an order for them to surrender possession of land which they claimed had been acquired by adverse possession. The buildings, including one which shared a party wall with the building owned by the defendants had been demolished in 1960, and the land enclosed. By former tenants. The land was registered in … Continue reading Tower Hamlets v Barrett and Another: CA 19 Jul 2005

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 quite different in magnitude from anything notified to them before, almost seven years to the day after the accident, and where there … Continue reading McDonnell and Another v Walker: CA 24 Nov 2009

Dowson and Others v Northumbria Police: QBD 30 Apr 2009

Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have arisen from different facts. Held: Amendments were allowed where they arose from the … Continue reading Dowson and Others v Northumbria Police: QBD 30 Apr 2009