Lapse of Time in UK Law

Leading Cases
  • Dyer v Watson and Another; HM Advocate v K
    • Privy Council
    • 29 Ene 2002

    In any case in which it is said that the reasonable time requirement (to which I will henceforward confine myself) has been or will be violated, the first step is to consider the period of time which has elapsed. Unless that period is one which, on its face and without more, gives grounds for real concern it is almost certainly unnecessary to go further, since the convention is directed not to departures from the ideal but to infringements of basic human rights.

  • Birkett v James
    • House of Lords
    • 25 May 1977

    To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.

  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Ene 1968

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

  • Kakis v Government of the Republic of Cyprus
    • House of Lords
    • 18 May 1978

    "Unjust" I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, "oppressive" as directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration; but there is room for overlapping, and between them they would cover all cases where to return him would not be fair.

  • Saif Ali v Sydney Mitchell & Company
    • House of Lords
    • 02 Nov 1978

    The re-trial of the issue in the previous action, if it depended on oral evidence, would have to be undertaken de novo. This would involve calling anew after a lapse of time witnesses who had been called at the previous trial and eliciting their evidence before a different judge by questions in examination and cross-examination that were not the same as those that had been put to them at the previous trial.

  • David Shields Montgomery (Appellant) HM Advocate and Another (Respondents) Andrew Alexander Marshall Coulter (Appellant) HM Advocate and Another (Respondents)
    • Privy Council
    • 19 Oct 2000

    The principal safeguards of the objective impartiality of the tribunal lie in the trial process itself and the conduct of the trial by the trial judge. On the one hand there is the discipline to which the jury will be subjected of listening to and thinking about the evidence. The actions of seeing and hearing the witnesses may be expected to have a far greater impact on their minds than such residual recollections as may exist about reports about the case in the media.

  • Admiralty Commissioners v SS Susquehanna
    • House of Lords
    • 18 Jun 1926

    If their fleet were sufficient to provide a stand-by, then the expenses of keeping that stand-by may fairly be taken into consideration. Such expenses mean not only the daily upkeep but something representing the amount of capital which had been parted with in order to have another ship, but the initial figure of cost doe not necessarily represent that capital.

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  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ...... or a Judge shall so order and direct, declare in Writing, within a  Time to be allowed by such Court or Judge, the Profession, Occupation, or ... it shall become necessary to revive a Judgment by reason either of Lapse of Time, or of a Change, by Death or otherwise, of the Parties entitled or ......
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... . (a) has a right of access at any reasonable time to all such. documents as he may reasonably require for purposes of the ... ‘(d) the securities were acquired after such a lapse of time. that he ought in the circumstances to be reasonably excused and, ......
  • Bankruptcy (Scotland) Act 1856
    • UK Non-devolved
    • 1 de Enero de 1856 any Property which was vested in a Party deceased at the Time of his Death, whether as Heirs,. Heirs Apparent, Trustees under voluntary ... in the Value of the Annuity as shall have been caused by the Lapse of Time since the Grant thereof to the Date of the Sequestration; and such ......
  • Bankruptcy (Scotland) Act 1913
    • UK Non-devolved
    • 1 de Enero de 1913
    ...... succeeded to any property which was vested in a party deceased at the time of his death, whether as heirs, heirs apparent, trustees under voluntary ... (2) Where a charge is not necessary, with the. lapse without payment of the days which must. elapse before poinding or ......
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Books & Journal Articles
  • Protection of trafficked people in Italy: policies, limits and challenges
    • Núm. 18-1, Enero 2015
    • Journal of Money Laundering Control
    • 52-65
    Purpose: – The purpose of the article is to analyse the Italian anti-trafficking system by examining its effectiveness in the protection of trafficked people. Design/methodology/approach: – The ar...
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... requirements for the residence permit granted to victims; the long lapse of time for the issuing of the residence permit; difculties in the ......
  • Equitable Estoppel Today
    • Núm. 15-3, Julio 1952
    • The Modern Law Review
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... of the obscurity of the relationship between lapse of time and acquiescence. Laches has, according to J. ......
    • Núm. 38-6, Noviembre 1975
    • The Modern Law Review
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... of cases involving the acquisition of rights through lapse of time. It is trite theory that prescription presupposes ......
  • Exceptions Clauses And The Liability For Demurrage
    • Núm. 23-4, Julio 1960
    • The Modern Law Review
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... Whenever legal relations are connected with lapse of time and no time is specified by the parties creating ......
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Law Firm Commentaries
  • Extraordinary Repairs
    • Mondaq United Kingdom
    ......Lord Glennie's view is that the question of decay through lapse of time falls into this category. However, the test is qualified - the ......
  • Are Notice Clauses Always Fair And Reasonable?
    • Mondaq UK
    ...... notices about claims and that if they do not do so within the timescales set out in the contract there is a real chance that they will lose the ... stressed that this meant that there would often be a substantial lapse of time between the carrying out of the work and the occurrence of any ......
  • Premium – in whose interest?
    • JD Supra United Kingdom
    Loan investors and traders take note of the Judgment of the UK Supreme Court on 11 March 2015 in Tael One Partners v Morgan Stanley & Co International PLC [2015] UKSC 12. The Court addressed t...
    ......, and traders are free to negotiate specific terms at the time of trade where there may be any ambiguity as to who receives the benefit ... only the quantum of premium that was determined by reference to the lapse of time. The Supreme Court (overturning the Court of Appeal’s decision ......
  • No limitation period in breach of duty claim against director
    • JD Supra United Kingdom
    A recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation pe...
    ...... judgment was entered against Burnden on the basis that the claim was time-barred. Setting aside of summary judgment. The summary judgment was ... of the section, which was to give a trustee the benefit of the lapse of time in respect of a legal or technical wrong but not to protect him ......
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