swarb.co.uk - law index
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Estoppel - From: 1999 To: 1999
This page lists 3 cases, and was prepared on 27 May 2018.
Willis v Hoare; 1999 - (1999) 77 P & CR D42
Yaxley v Gotts and Another; CA 24-Jun-1999 - Gazette, 14 July 1999; Times, 08 July 1999; [1999] EWCA Civ 1680; [1999] 1 WLR 1217; [2000] Ch 162; [1999] EGCS 92; [1999] EWCA Civ 3006; [2000] 1 All ER 711
Yeheskel Arkin v Borchard Lines Ltd [2000] Eu LR 232
11 Nov 1999
ComC
Colman J
European, Estoppel
A claimant in an action for damages for breaches of Articles 85, 86 of Rome Treaty, who had previously complained of such breaches to the European Commission but failed to complain of matters subsequently, attempted to raise in an action is precluded from raising such matters in the action on the grounds of abuse of process, Henderson v Henderson or estoppel. Under section 136 of the Law of Property Act 1925, what constitutes an absolute assignment: "In this connection it is important to recognise that there are different ways in which such a breach may cause damage. Thus, an isolated event amounting to such a breach may cause a chain of damage development commencing when the effects of the breach first affect the claimant, and those [effects] may continue for a long period of time. If that period commences prior to the cut-off date for the purposes of a period of limitation, the claim will prima facie be time-barred notwithstanding that the effects of the breach may continue beyond that date. The position is similar to a claim in tort for negligence. By contrast, there may be a continuing or repeated breach of statutory duty, over an extended period, such as an unlawful emission of toxic fumes which continues to affect and injure those exposed to it over the whole period of that breach. In such a case, if the limitation cut-off date occurs during the period, the claimant's cause of action for the damage suffered after the date in question will not be time-barred."
Law of Property Act 1925 136
1 Citers
