Limitation of Actions in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    In my opinion they may also include damage to the dwelling-house itself; for the whole purpose of the byelaws in requiring foundations to be of certain standard is to prevent damage arising from weakness of the foundations which is certain to endanger the health or safety of occupants.

  • Cave v Robinson Jarvis & Rolf
    • House of Lords
    • 25 Abr 2002

    A claimant who proposes to invoke section 32(1)(b) in order to defeat a Limitation Act defence must prove the facts necessary to bring the case within the paragraph. He can do so if he can show that some fact relevant to his right of action has been concealed from him either by a positive act of concealment or by a withholding of relevant information, but, in either case, with the intention of concealing the fact or facts in question.

  • 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.

  • Hartley v Birmingham City District Council
    • Court of Appeal (Civil Division)
    • 24 Jul 1991

    In my view, however, as the prejudice resulting from the loss of the limitation defence will always or almost always be balanced by the prejudice to the plaintiff from the operation of the limitation provision the loss of the defence as such will be of little importance. What is of paramount importance is the effect of the delay on the defendants' ability to defend.

  • Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
    • Court of Appeal
    • 15 Jun 1964

    A cause of action is simply a factual situation the existence of which entitles one person to obtain from the Court a remedy against another person. But it is essential to realise that when, since 1873, the name of a form of action is used to identify a cause of action, it is used as a convenient and succinct description of a particular category of factual situation which entitles one person to obtain from the Court a remedy against another person.

  • Durity v Attorney General of Trinidad and Tobago
    • Privy Council
    • 13 May 2002

    This statutory provision, it may be noted in passing, or its equivalent in the United Kingdom legislation, had a somewhat inglorious life. The (United Kingdom) Public Authorities Protection Act 1893, until its eventual repeal by the Law Reform (Limitation of Actions) Act 1954, attracted judicial criticism, in respect of both content and drafting. Most actions against public authorities were actions for personal injuries arising out of accidents.

  • Cartledge v E. Jopling & Sons Ltd
    • House of Lords
    • 17 Ene 1963

    If this were a matter governed by the common law I would hold that a cause of action ought not to be held to accrue until either the injured person has discovered the injury or it would be possible for him to discover it if he took such steps as were reasonable in the circumstances.

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Books & Journal Articles
  • Limitation of Actions and Latent Damage — An Australian Perspective
    • Núm. 54-2, Marzo 1991
    • The Modern Law Review
    • Núm. 7-3, Julio 1944
    • The Modern Law Review
    Book reviewed in this article: HOW TO REFORM PARLIAMENT. By Robert S. W. Pollard. HANDBOOK OP ADMIRALTY LAW. By Gustavus H. Robinson. LAW REFORM (FRUSTRATED CONTRACTS) ACT, 1943. By Glanville L. Wi...
    ......, pilotage, salvage, general average collision, and limitation of liability. Divergencies in the general maritime laws of ... p. 3oo . REVIEWS I 75 LIMITATION OF ACTIONS. By the late C. H. S. PRESTON and G. H. NEWSOM. Second ......
    • Núm. 23-1, Enero 1960
    • The Modern Law Review
    Book reviewed in this article: Authority. Edited By Carl J. Friedrich. Strukturprobleme Der Modernen Demokratie. By Gerhard Leibholz The Professor And The Commissions. By Bernard Schwartz. Social C...
    ...... has an interest in defending his controversial actions. His explanations will not please everyone, nor will ... L. C. B. G. LIMITATION OF ACTIONB. By MICHAEL FRANK& [London: Sweet & Maxwell, Ltd. ......
    • Núm. 17-4, Julio 1954
    • The Modern Law Review
    Book reviewed in this article: Carson: a biography by H. Montgomery Hyde Legal Theory. By W. Friedmann Advocacy: Its Principles and Practice. By R. K. Soonavala, B.A. (Hons.), LL.B. MacGillivray on...
    ...... But such a confession imposes very strict limitations on the conduct of the dpfence (see Conduct and ... El 15S.l PRESTON AND NEWSOM ON LIMITATION OF ACTIONS. ROAD HAULAGE LICENSING. El 15s.I THE authors, editors and ......
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Law Firm Commentaries
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