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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Limitation - From: 1999 To: 1999

This page lists 37 cases, and was prepared on 02 April 2018.

 
Companhia Eurpeia De Transportes Aeros Sa v British Aerospace Plc and Another Times, 12 January 1999
12 Jan 1999
CA

Limitation
A third party is not to be allowed to revive a court action and to be joined in where this was really an attempt to avoid the rules on limitation. Action dismissed for failure to provide security might be revived but not for this purpose or in this case.

 
Jude v Elliott Medway Limited [1999] EWCA Civ 543
12 Jan 1999
CA

Limitation, Personal Injury

Limitation Act 1980 14 33
[ Bailii ]
 
Prudential Assurance Company Limited v Waterloo Real Estate Inc Times, 08 February 1999; [1999] EWCA Civ 642
22 Jan 1999
CA

Land, Limitation
Where title to land was to be established by adverse possession, the claim had to be unequivocal only in the sense that the intention to possess was clear to the world. It was unnecessary for the dispossessed party to know of the title he lost.
1 Cites

1 Citers

[ Bailii ]
 
BP Exploration Operating Company Ltd v Chevron Shipping Company; Same v Chevron Tankers (Bermuda) Ltd; Same v Chevron Transport Corporation Times, 06 May 1999; [1999] ScotCS 31
26 Jan 1999
OHCS
Lord Dawson
Limitation
Where an action had been delayed beyond the five year prescription period because of an error induced by the party sued, the prescriptive period did not restart until the party was disabused of its mistake.
Prescription and Limitation (Scotland) Act 1973 6
1 Citers

[ Bailii ]
 
Moses Fano Sithole and others v Thor Chemical Holdings Limited and Desmond John Cowley [1999] EWCA Civ 706
3 Feb 1999
CA

Personal Injury, Health and Safety, Limitation

[ Bailii ]
 
Fathia Toumia v Home Office [1999] EWCA Civ 744
9 Feb 1999
CA
Brooke, Clarke LJJ
Torts - Other, limitation, Litigation Practice
The claimant appealed against an order allowing the defendant to file an amended defence to his claim for false imprisonment.
1 Citers

[ Bailii ]
 
HF Pension Trustees Ltd v Ellison and Others Times, 05 March 1999; Gazette, 24 February 1999; [1999] Lloyds LR (PN) 489
24 Feb 1999
ChD
Jonathan Parker J
Limitation, Professional Negligence
In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, but a later decision of the courts clarified that this was wrong. The limitation period was not extended because the unlawfulness was a matter of law and all the facts had been known: “What the plaintiff’s argument boils down to is that although it knew all the material facts it did not know until later that those facts gave rise to a claim in negligence. In my judgment, however, in cases under section 14A as in personal injury cases, their ignorance that the known facts may give rise to a claim in law cannot postpone the running of time under the 1980 Act. As I read the sections and the authorities, both section 14 and section 14A are concerned exclusively with matters of fact provable by evidence, as opposed to matters of English law, in respect of which evidence is inadmissible.”
Latent Damage Act 1986 - Limitation Act 1980 14A
1 Citers


 
Dale v Michelin Tyre Plc [1999] EWCA Civ 886
3 Mar 1999
CA

Personal Injury, Limitation

Limitation Act 1980 33
1 Cites

[ Bailii ]
 
Davis v Howard Saul Jacobs Camden and Islington Health Authority Novartis Pharmaceuticals (Uk) Limited Howard Clive Smith [1999] EWCA Civ 911
5 Mar 1999
CA

Professional Negligence, Limitation

[ Bailii ]

 
 James v Williams; CA 8-Mar-1999 - Times, 13 April 1999; Gazette, 14 April 1999; Gazette, 28 April 1999; [1999] EWCA Civ 921

 
 Shapland v W Palmer; CA 23-Mar-1999 - Times, 31 March 1999; [1999] EWCA Civ 1061; [1999] 1 WLR 2068
 
Companhia De Seguros Imperio v Heath (Rebx) Ltd and others [1999] EWHC 285 (Comm)
30 Mar 1999
ComC
Langley J
Limitation, Insurance, Torts - Other, Agency
ComC Insurer/reinsurer claimed damages from brokers for breach of written binding authority agreements made in 1970s - claim in tort for breaches of fiduciary duties and of duties coextensive to those under the agreements – also claim for negligent misstatement/misrepresentation. Application for leave to amend particulars of claim to claim indemnity. Application to strike out/dismiss for want of prosecution RSC Order 19, r. 1. Limitation – Limitation Act – whether limitation applicable in claim for breach of fiduciary duty.
1 Cites

1 Citers

[ Bailii ]
 
Ursula Riniker v University College London [1999] EWCA Civ 1156
31 Mar 1999
CA
Evans LJ
Employment, Litigation Practice, Limitation
The writ office of the High Court unjustifiably rejected a writ which the plaintiff asked to be issued and did not issue it until the limitation period had expired. The court held that it had inherent jurisdiction to direct that the writ should be treated as if it had been issued on the date when it should have been issued.
1 Cites

1 Citers

[ Bailii ]

 
 Das v Ganju; CA 31-Mar-1999 - Times, 04 May 1999; Gazette, 12 May 1999; [1999] EWCA Civ 1152; [1999] Lloyd's Rep Med 198; [1999] PIQR P260
 
Anne Hyde Earnshaw; Marion Robinson and Lucy Hyde Fielden v Josephine Hyde Hartley Gazette, 21 April 1999; Times, 29 April 1999; Gazette, 12 May 1999; [1999] EWCA Civ 1141; [2000] Ch 155
31 Mar 1999
CA
Lord Justice Nourse Lord Justice Buxton And Sir Christopher Staughton
Land, Wills and Probate, Limitation
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 in any event begun to run before the application
Limitation Act 1980 Sch 1 Para 9 - Administration of Estates Act 1925 9
1 Cites

1 Citers

[ Bailii ]
 
Joyce Neate v Swatton Hughes and Company [1999] EWCA Civ 1372
10 May 1999
CA

Professional Negligence, Limitation

[ Bailii ]
 
Jones v Stones Times, 03 June 1999; Gazette, 03 June 1999; [1999] EWCA Civ 1379; [1999] 1 WLR 1749
11 May 1999
CA
Aldous LJ
Land, Limitation
No defence of acquiescence or estoppel arose from a failure by a land owner to pursue a complaint. Such a defence could only be established by some positive act of encouragement or allowance by him. The heart of the action lay in the allowance of a belief to develop as to the rightness of the position.
1 Cites

[ Bailii ]

 
 Gaud v Leeds Health Authority; CA 14-May-1999 - Times, 14 May 1999
 
Green and Another v Wheatley Gazette, 03 June 1999; [1999] EWCA Civ 1442
19 May 1999
CA
Stuart Smith LJ, Laws LJ, Jonathan Parker LJ
Land, Limitation
Where a garage had been built upon land, and allowed to stay there for over twenty years, title had been acquired by adverse possession, and a right of way which might previously have existed over the land, had also been lost.
1 Cites

[ Bailii ]
 
Birmingham Midshires Building Society v Infields (A Firm) [1999] EWHC Technology 232
20 May 1999
TCC

Limitation, Professional Negligence

[ Bailii ]
 
Ali v Courtaulds Textiles Ltd Times, 28 May 1999; [1999] EWCA Civ 1486; [1999] Lloyd's Rep Med 301
26 May 1999
CA
Henry LJ
Personal Injury, Limitation
A claimant was not fixed with knowledge of the source of his injury by being referred for medical opinion. He could not be expected to understand the source of this injury without expert assistance, and time did not run until such assistance was obtained.
Limitation Act 1980 14
1 Cites

1 Citers

[ Bailii ]
 
Denty and Another v Hussein Gazette, 16 June 1999; [1999] 96 (24) LSG 40
26 May 1999
ChD
D L Mackie QC
Land, Limitation
The parties owned adjoining premises. The plaintiffs sought relief, alledging that their rights of way had been infringed. The defendant had erected fences and gates across a service road. Held: Where a party erected a fence obstructing a right of way, the court was able to differentiate between rights of way by foot and vehicular rights of way. The right of way by car had begun only within the prior 20 years. That particular right of way could be enforced by injunction, but not for the extent of use claimed.
Prescription Act 1832

 
Securum Finance Ltd v Ashton and Another Gazette, 30 June 1999; Times, 18 June 1999
18 Jun 1999
ChD

Banking, Limitation
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.
Limitation Act 1980
1 Cites

1 Citers



 
 London Borough of Bromley v Morritt; CA 21-Jun-1999 - [1999] EWCA Civ 1631; [1999] 78 P & CR D37

 
 Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council; HL 25-Jun-1999 - Times, 25 June 1999; Gazette, 21 July 1999; [1999] UKHL 28; [2000] 1 AC 335; [1999] 3 ALL ER 385; [1999] 3 WLR 160; [1999] NPC 74; (2000) 79 P & CR 199; [1999] 2 EGLR 94; [1999] 31 EG 85; [1999] BLGR 651; [2000] JPL 384; [1999] EG 91

 
 Mortgage Corporation v Alexander Johnson (A Firm); ChD 7-Jul-1999 - Times, 22 August 1999
 
Timothy Ellis v London Borough of Lambeth Times, 28 September 1999; (1999) 32 HLR 596; [1999] EWCA Civ 1807
9 Jul 1999
CA
Lord Justice Swinton Thomas Mr Justice Wilson
Land, Limitation
A squatter claiming possession of land as against a local authority should not have his claim defeated because he had not completed a form which would lead to payment of community charge to the authority. His possession was not thereby made secret, and nor did he represent that nobody was in occupation of the property. The failure to complete the form could not become an estoppel against the claimant.
1 Cites

1 Citers

[ Bailii ]
 
James Brocklesby v Armitage and Guest (a Firm) [1999] EWCA Civ 1797; [2002] 1 WLR 598; [2001] 1 All ER 172
9 Jul 1999
CA

Professional Negligence, Limitation
A failure by an adviser to make his position clear when he thought he had been negligent, could constitute a "deliberate" act within section 32 even if the defendant’s actions were not motivated by any intention to deceive the claimant: "it is not necessary for the purpose of extending the limitation period pursuant to Section 32(1)(b) to demonstrate that the fact relevant to the claimant's right of action has been deliberately concealed in any sense greater than that the commission of the act was deliberate in the sense of being intentional and that that act or omission, as the case may be, did involve a breach of duty whether or not the actor appreciated that legal consequence."
Limitation Act 1980 32(2)
1 Cites

1 Citers

[ Bailii ]
 
Lloyds Bank Plc v Rogers Gazette, 28 July 1999; [1999] EWCA Civ 1874; (1999) 3 EGLR 83
16 Jul 1999
CA

Limitation
Where a claim had been made for possession of property under a legal charge, but no claim had been made for financial relief, and a later claim for such relief was made through an amended claim, the loss of the possible defence of limitation was a factor but not a determining one. The claim arose from facts which had already been sufficiently particularised in the pleadings, and was allowed.
1 Citers


 
Shade v Compton Partnership (a Firm) [1999] EWCA Civ 1930
22 Jul 1999
CA

Limitation, Professional negligence

1 Cites

1 Citers

[ Bailii ]
 
Lambert Parchment v Ford Motor Company Limited [1999] EWCA Civ 1965
26 Jul 1999
CA

Discrimination, Limitation
The claimant sought to bring a claim for race discrimination some 13 years after leaving the defendant's employment. Held: This was an appeal against the exercise of a discretion. There had been no misdirection, and the appeal had no prospects of success.
[ Bailii ]

 
 Carroll v Manek and Another; ChD 18-Aug-1999 - Times, 18 August 1999

 
 Abbey National Plc v Sayer and Others; ChD 30-Aug-1999 - Times, 30 August 1999
 
Mortgage Corporation v Lambert and Co (A Firm) and Another Times, 11 October 1999
11 Oct 1999
ChD

Limitation, Land
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by the estimates, and time did not begin to run against them.
Limitation Act 1980 14A(10)
1 Cites

1 Citers


 
Phelps v Spon-Smith and Co (A Firm) Times, 26 November 1999; Gazette, 01 December 1999
26 Nov 1999
ChD

Litigation Practice, Limitation
It was possible to amend a writ to add a cause of action out of time where that cause had been included in the original pleadings served within the limitation period, but which had been omitted by mere error from the writ.
Limitation Act 1980 25 - Rules of the Supreme Cour Order 20


 
 James v East Dorset Health Authority; CA 7-Dec-1999 - Times, 07 December 1999
 
James Smith and Mrs Patricia Smith v Messrs Lindsay and Kirk and others Times, 16 March 2000; [1999] ScotCS 302
16 Dec 1999
SCS

Contract, Limitation, Scotland
Where a contract specifically provided that it would become unenforceable after two years from the date of the contract, an action for breach of contract, and not just an action for performance of it, was also time barred after the expiry of the agreed time. This applied even if, as in this case, the breach occurred within the two year period. The word 'enforceable' should not be given such a constrained meaning as to limit it to an action for performance.
[ Bailii ]
 
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