Click the case name for better results:

In Re A Debtor (2672 of 2000): ChD 2 Nov 2000

More than six years after a costs order, the creditor began bankruptcy proceedings for unpaid costs. The debtor claimed the debt was time barred. The court found that the time started when the judgment became enforceable. As regards an order for costs, that happened only when the amount was fixed by taxation. The six year … Continue reading In Re A Debtor (2672 of 2000): ChD 2 Nov 2000

In Re A Debtor (No 647-Sd-1999): ChD 10 Apr 2000

A statutory demand by the Inland Revenue, which was based upon a debt which was statute barred, was not supportable and had to be set aside. The demand was based upon the judgement obtained by the Inland Revenue, and not upon the underlying tax debt. The limitation arrangements were different. Citations: Times 10-Apr-2000 Statutes: Limitation … Continue reading In Re A Debtor (No 647-Sd-1999): ChD 10 Apr 2000

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Central Bank of Nigeria v Williams: CA 3 Apr 2012

The claimant alleged that he had been defrauded and accused the appellant of involvement in the fraud. The Bank appealed against a finding that the claim against it was not time limited. Held: The appeal failed. The action was by a beneficiary under a trust and had been brought in respect of a fraudulent breach … Continue reading Central Bank of Nigeria v Williams: CA 3 Apr 2012

Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

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

Khairule v North West Strategic Health Authority: QBD 4 Jul 2008

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

McHugh v Gray: QBD 27 Jul 2006

Judges: Beatson J Citations: [2006] EWHC 1968 (QB) Links: Bailii Statutes: Limitation Act 1980 11 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 … Continue reading McHugh v Gray: QBD 27 Jul 2006

Roberts v Gill and Co and Another: CA 15 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

A (Historic Child Abuse) v Wirral Metropolitan Borough Council: CA 4 Jul 2008

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

Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

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

Spinneys (1948) Ltd v Royal Insurance Co Ltd: 1980

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

If P and C Insurance Limited (Publ.) v Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot;: CA 5 Jul 2004

The shipping company was insured against loss of business following Acts of war. It sought to claim after the attack on America in September 2001. Held: The policy had a limitation which applied ‘in the annual aggregate and in all’ which therefore prevented separate sums in respect of each ship exceeding this sum in total. … Continue reading If P and C Insurance Limited (Publ.) v Silversea Cruises Limited, Silver Cloud Shipping Company Sa, Silver Wind Shipping Company Sa, Silversea New Build One Limited, Silversea New Build Two Limited&Quot;the Silver Cloud&Quot;: CA 5 Jul 2004

Berezovsky v Abramovich: ComC 22 May 2008

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

Bradford and Bingley Plc v Cutler: CA 18 Jan 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

Ofulue and Another v Bossert: CA 29 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

James Cropper Plc and Another v Aviva Life and Pensions UK Ltd: ChD 8 Jul 2022

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

Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996

The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued that as a lease in writing, time ran from the notice to quit. … Continue reading Long v Tower Hamlets London Borough Council: ChD 20 Mar 1996

O’Byrne v Aventis Pasteur Sa: CA 9 Oct 2007

The claimant had made a mistake in naming the defendant company, but had intended the company which it now requested the court to substitute as defendant. The limitation period had expired. Held: The substitution was necessary to decide the issue raised by the action. The defendant’s appeal failed. Citations: [2007] EWCA Civ 966, Times 19-Nov-2007, … Continue reading O’Byrne v Aventis Pasteur Sa: CA 9 Oct 2007

Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007

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

3M United Kingdom Plc and Another v Linklaters and Paines (A Firm): CA 3 May 2006

Claim in proceedings for damages for breach of duty under a retainer; The preliminary issue which the judge had to determine was whether the claimants had commenced the proceedings within any applicable period of limitation. Judges: Lord Justice Chadwick Citations: [2006] EWCA Civ 530 Links: Bailii Statutes: Limitation Act 1980 12A(4)(b) Jurisdiction: England and Wales … Continue reading 3M United Kingdom Plc and Another v Linklaters and Paines (A Firm): CA 3 May 2006

Allen v Matthews: CA 13 Mar 2007

The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title. Held: The letter must be read as a whole. As such it was an admission of title. The requirement that the possession be adverse requires only … Continue reading Allen v Matthews: CA 13 Mar 2007

McCoubrey v Ministry of Defence: CA 24 Jan 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

P and O Nedlloyd Bv v Arab Metals Co and others: CA 13 Dec 2006

An order for specific performance had been refused in a disputed contract for carriage. The claimant argued that normal limitation periods should not be applied by analogy. Held: Because there was no corresponding legal remedy the remedy in equity was not ‘correspondent to the remedy at law’, and nor did ‘the suit in equity [correspond] … Continue reading P and O Nedlloyd Bv v Arab Metals Co and others: CA 13 Dec 2006

O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

The claimant sought damages under the 1967 Act asserting injury from a drug sold by the defendant. Proceedings had been mistakenly commenced against Aventis Pasteur MSD Ltd within the limitation period, but outside the limitation period, it was sought to substitute the actual manufacturer Aventis Pasteur SA. Held: The substitution should be made. The sole … Continue reading O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006

The parties had been involved in investing in an airline to secure its future, but it was now said that one party had broken the shareholders’ or voting agreement in not allowing further investments on a pari passu basis. The defendants argued that the claim was out of time unless the claimant could bring the … Continue reading Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006

Horton v Sadler and Another: HL 14 Jun 2006

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

Senior and Another v Pearson and Ward (A Firm): CA 26 Jan 2001

An amendment outside the limitation period against solicitors alleging a failure to advise was permitted, where the original allegation was simply that the solicitors had acted without or in disregard of instructions. Citations: [2001] EWCA Civ 229 Links: Bailii Statutes: Limitation Act 1980 Jurisdiction: England and Wales Cited by: Cited – Dowson and Others v … Continue reading Senior and Another v Pearson and Ward (A Firm): CA 26 Jan 2001

Desnousse v London Borough of Newham and others: CA 17 May 2006

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

Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005

Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now considered whether the claim was out of time. That issue depended upon whether a … Continue reading Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005

Haward and others v Fawcetts: HL 1 Mar 2006

The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006

Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

Jacqueline Adam v Rasal Ali: CA 21 Feb 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

Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 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

Littman and Another v Aspen Oil (Broking) Ltd: CA 19 Dec 2005

A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read ‘tenant’. Held: The tenant’s appeal failed. The judge was correct to allow … Continue reading Littman and Another v Aspen Oil (Broking) Ltd: CA 19 Dec 2005

Rowbottom v Royal Masonic Hospital: CA 12 Feb 2002

The claimant sought damages for the negligent failure to administer antibiotics. Earlier proceedings had been discontinued, and the hospital resisted subsequent proceedings, claiming them to be time-barred. The claimant asserted that he knew of the negligence not when advised by counsel, but rather at a later date when he received a medical report. Held: Time … Continue reading Rowbottom v Royal Masonic Hospital: CA 12 Feb 2002

Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005

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

P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005

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

Griffin and others v Clwyd Health Authority and others: CA 14 May 2001

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

AB and Others v Ministry of Defence: QBD 5 Jun 2009

Former members of the armed forces and others claimed damages for personal injuries, claiming that they had been obliged to expose themselves to the effects of atomic bomb explosions in the 1950s. The defendant argued that the claims were now out of time. Held: New scientific evidence had become available to support the claim, and … Continue reading AB and Others v Ministry of Defence: QBD 5 Jun 2009

Cressey v E Timm and Son Ltd and E Timm and Son Holding Ltd: CA 24 Jun 2005

The claimant sought to counter a defence that his claim was out of time, saying that he had been misinformed as to the name of his employer. Held: A person could not sue simply ‘his employer’. He must find a name, particularly as against a limited company, to begin his action. The claimant had been … Continue reading Cressey v E Timm and Son Ltd and E Timm and Son Holding Ltd: CA 24 Jun 2005

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Batsford Estates (1983) Company Ltd v Taylor and Another: CA 29 Apr 2005

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

Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 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

Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005

The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis should be allowed to sink back to the ocean bottom. It would muddy the … Continue reading Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005

Ridgeway Motors (Isleworth) Ltd v Alts Ltd: CA 10 Feb 2005

The company appelaed a refusal of the judge to strike out a winding up petition. They said the petition was based upon a judgment which was now time barred. The petitioner replied that such a petition was not an action under the section. Held: Although a winding up petition is, in a general sense, a … Continue reading Ridgeway Motors (Isleworth) Ltd v Alts Ltd: CA 10 Feb 2005

Inland Revenue and Another v Deutsche Morgan Grenfell Group Plc: CA 4 Feb 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

Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

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

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

Citations: [2004] EWHC 1778 (TCC) Links: Bailii Statutes: Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Appealed to – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005 The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the … Continue reading Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

Inglewood Investments Company Ltd v Baker: CA 8 Nov 2002

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

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

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

Phillips and Co (A Firm) v Bath Housing Co-Operative Ltd: CA 11 Dec 2012

The defendant appealed against a order finding it was liable for the fees claimed by its former solicitors. They had said that the claim for costs was barred by limitation. Held: The defendant’s appeal failed; a solicitor’s claim for his costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt … Continue reading Phillips and Co (A Firm) v Bath Housing Co-Operative Ltd: CA 11 Dec 2012

Fenech v East London and City Health Authority: CA 2000

The court was asked how to set the time at which the claimant became fixed with knowledge of her injury. They ‘found it unnecessary to attempt any final reconciliation, because ‘on any sort of objective approach’ the claimant should have made inquiries long before she did. ‘ Judges: Simon Brown LJ, Robert Walker LJ and … Continue reading Fenech v East London and City Health Authority: CA 2000

Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004

The Society had repossessed and sold the mortgagors’ house in 1990. It knew then that there was a shortfall, but took no further recovery proceedings until 2002. What was the date from which the relevant limitation period began to run? Though the deed provided for payment of monthly instalments, it did not include an express … Continue reading Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004

Buckler v J F Finnegan Ltd: CA 21 Jun 2004

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

Parsons and Another v George and Another: CA 13 Jul 2004

The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004

Various Claimants v MGN Ltd: ChD 27 May 2022

Judges: The Hon Mr Justice Fancourt Citations: [2022] EWHC 1222 (Ch) Links: Bailii Statutes: Limitation Act 1980 32(1)(b) Jurisdiction: England and Wales Limitation Updated: 11 June 2022; Ref: scu.678298

Haward and Others v Fawcetts (A Firm) and Another: CA 11 Mar 2004

The court looked at the date from which the limitation period ran in an action for professional negligence: ‘It is clear from the words of the section itself . . that it is concerned with knowledge of facts, as opposed to knowledge of matters of law. In particular, subsection (9) specifically excludes knowledge that the … Continue reading Haward and Others v Fawcetts (A Firm) and Another: CA 11 Mar 2004

Williams v Fanshaw Porter and Hazelhurst: CA 18 Feb 2004

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

McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Deutsche Morgan Grenfell Group Plc v The Commissioners of Inland Revenue, HM Attorney General: ChD 18 Jul 2003

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

Adams v Bracknell Forest Borough Council: CA 6 May 2003

The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the claim. Held: Given undiagnosed dysexia, it was unlikely that he would seek help. The fact that … Continue reading Adams v Bracknell Forest Borough Council: CA 6 May 2003

Sage v Secretary of State for the Environment, Transport and the Regions and others: HL 10 Apr 2003

The appellant had challenged an enforcement notice requiring him to pull down a partially built house. The issue was when the four year limitation period had commenced. Did the four year limitation period commence when the works were complete, or when the building was complete? Held: The inspector had found the building to be a … Continue reading Sage v Secretary of State for the Environment, Transport and the Regions and others: HL 10 Apr 2003

Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Piggott v Aulton (Deceased): CA 29 Jan 2003

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

Bristol and West plc v Bartlett and Another; Paragon Finance plc v Banks; Halifax plc v Grant: CA 31 Jul 2002

The defendants resisted claims by lenders for the payment of mortgage debts. In each case the lender had exercised the power of sale before issuing proceedings for possession. The defendants queried the limitation period applicable. Held: The exercise of the power of sale did not mean that the original mortgage debt changed. The recovery of … Continue reading Bristol and West plc v Bartlett and Another; Paragon Finance plc v Banks; Halifax plc v Grant: CA 31 Jul 2002

Smith v Henniker-Major and Co: CA 22 Jul 2002

The claimant appealed the strike-out of his claim for professional negligence against the respondent solicitors. He claimed that the solicitors had acted in breach of their duty, and he then called a company meeting. Only he attended. He mistakenly believed that he had the power to assign to himself from the company the right of … Continue reading Smith v Henniker-Major and Co: CA 22 Jul 2002

Ezekiel v Lehrer: CA 30 Jan 2002

The applicant claimed that his solicitor had been negligent with regard to the execution of a mortgage. The solicitor said his claim was time barred. The claimant said the solicitor had hidden the true situation from him, and the solicitor replied that he had merely refused to answer a question put to him, but had … Continue reading Ezekiel v Lehrer: CA 30 Jan 2002

Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

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

Williams v Central Bank of Nigeria: QBD 8 Apr 2011

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

Savings and Investment Bank Ltd (in Liquidation) v Fincken: CA 6 Nov 2001

When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have to be proved to support each version. The mere addition … Continue reading Savings and Investment Bank Ltd (in Liquidation) v Fincken: CA 6 Nov 2001

Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001

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

Long v Tower Hamlets London Borough Council: ChD 29 Mar 1996

The landlord’s agents wrote to the proposed tenant offering a quarterly tenancy of the premises. The tenancy was to commence at a future date. The defendant endorsed the letter and returned it to say he would abide by the terms, and he was allowed into possession. He ceased to pay rent, and eventually came to … Continue reading Long v Tower Hamlets London Borough Council: ChD 29 Mar 1996

West Bromwich Building Society v Wilkinson: HL 30 Jun 2005

The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation under s20. The Society said that the debt was a judgment debt which … Continue reading West Bromwich Building Society v Wilkinson: HL 30 Jun 2005

Steeds v Peverel Management Services Limited: CA 30 Mar 2001

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

Kathleen Magaret Oakes v Mr P W Hopcroft: CA 27 Jul 2000

The claimant needed correct medical advice and legal advice before she knew that she had settled her original personal injury claim at too low a figure. Citations: [2000] EWCA Civ 237, [2000] Lloyd’s Rep Med 394 Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Cited by: Cited – Haward and others v … Continue reading Kathleen Magaret Oakes v Mr P W Hopcroft: CA 27 Jul 2000

Sniezek v Bundy (Letchworth) Limited: CA 7 Jul 2000

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

Companhia De Seguros Imperio v Heath (REBX) Ltd and Others: CA 20 Jul 2000

Although a claim for breach of fiduciary duty, as a claim in equity, was not subject to the same limitation periods imposed by the Act as claims in tort or contract, a court exercising an equitable jurisdiction should apply similar periods under the equitable principle of acquiescence. A six year limitation period should be applied … Continue reading Companhia De Seguros Imperio v Heath (REBX) Ltd and Others: CA 20 Jul 2000

Robert Mark Gordon v J B Wheatley and Co (a Firm): CA 24 May 2000

The defendant solicitors had negligently advised the claimant in connection with a mortgage scheme he operated for customers. His case was that the defendants had negligently failed to advise him to register under s3 of the 1986 Act. The claimant had to underwrite his customers’ losses because of his failure to register. The SIB began … Continue reading Robert Mark Gordon v J B Wheatley and Co (a Firm): CA 24 May 2000

London Borough of Hillingdon v ARC Limited (No 2): CA 16 Jun 2000

The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time. Held: Section 9 applies to claims for compensation for compulsory purchase. The mere fact that a party … Continue reading London Borough of Hillingdon v ARC Limited (No 2): CA 16 Jun 2000

Parsons v Warren and Another: CA 31 Jan 2002

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

Marcq v Christe Manson and Woods (t/a Christies): QBD 29 Oct 2002

The claimant sought damages for conversion from the respondent auctioneers as bailees. The painting had been registered as stolen. It failed to achieve its reserve and had been returned. Held: It was for a bailee to prove that he had acted in good faith. That meant that he was not aware that the person for … Continue reading Marcq v Christe Manson and Woods (t/a Christies): QBD 29 Oct 2002

Legal Services Commission v Rasool: CA 5 Mar 2008

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

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

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

Legal Services Commission v Henthorn: QBD 4 Feb 2011

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

Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006

The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006

Warwickshire Hamlets Ltd and Another v Gedden and Others: UTLC 26 Mar 2010

UTLC SERVICE CHARGES – jurisdiction of leasehold valuation tribunal – construction of lease – whether rent payable by a management company in respect of the common parts recoverable as part of the service charge – Limitation Act 1980 s.21 Citations: [2010] UKUT 75 (LC) Links: Bailii Statutes: Limitation Act 1980 21 Jurisdiction: England and Wales … Continue reading Warwickshire Hamlets Ltd and Another v Gedden and Others: UTLC 26 Mar 2010

Cave v Robinson Jarvis and Rolf: CA 20 Feb 2001

The court was asked as to the meaning of the word ‘deliberate’ as it appeared in section 32(2) of the 1980 Act. Judges: Potter, Sedley, Jonathan Parker LJ Citations: [2001] EWCA Civ 245, [2001] PNLR 573, [2002] 1 WLR 581, [2001] Lloyd’s Rep PN 290, 78 Con LR 1, [2001] PNLR 23, (2001) 17 Const … Continue reading Cave v Robinson Jarvis and Rolf: CA 20 Feb 2001

J A Pye (Oxford) Ltd and Another v Caroline Graham and Another: CA 6 Feb 2001

Where a tenant under a grazing license had stayed over after the end of the tenancy, and had been refused a renewed licence, and had continued to graze the land for over twelve years, the mere overstaying was not enough to evidence an animus possidendi, an intention to assert an interest contrary to that of … Continue reading J A Pye (Oxford) Ltd and Another v Caroline Graham and Another: CA 6 Feb 2001