Limitation of Actions in UK Law
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Anns v Merton London Borough Council
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Nature of the damages recoverable and arising of the cause of action. Subject always to adequate proof of causation, these damages may include damages for personal injury and damage to property. 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.
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Cave v Robinson Jarvis & Rolf
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Birkett v James
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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.
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Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
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Under the Limitation Act, 1939, the period of limitation was six years in all actions founded "on tort"; but in 1954 Parliament reduced it to three years in actions for damages for personal injuries, provided that the actions come within these words of Section 2, sub-section (1), of the Law Reform (Limitation of Actions) Act, 1954: "Actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal, injuries to any person".
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.
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Cartledge v E. Jopling & Sons Ltd
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It appears to be to be unreasonable and unjustifiable in principle that a cause of action should be held to accrue before it is possible to discover any injury and, therefore, before it is possible to raise any action.
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Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
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- Law Reform (Limitation of Actions, &c.) Act 1954
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Limitation Act 1623
... ... Angli, Franci & Hiberni vicesimo primo, & Scoti quinquagesimo ... An Act for Limitation of Actions, and for avoiding of Suits in Law. (21 Ja. 1) C A P. XVI ... FOR quieting of Mens Estates, and avoiding of Suits, be it enacted by the King's most ... ...
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Limitation Act 1939
... Limitation Act, 1939 (2 & 3 Geo. 6.) 21. An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations ... [25th May 1939] ... it enacted by the King's most Excellent Majesty, ... by and with the advice and consent of the Lords ... ...
- Limitation of Actions Act 1553
- Limitation of Actions and Latent Damage — An Australian Perspective
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REVIEWS
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 ... ...
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REVIEWS
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 ... ...
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REVIEWS
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...... ... xvi and 315 pp. El 15S.l PRESTON AND NEWSOM ON LIMITATION OF ACTIONS. ROAD HAULAGE LICENSING. El 15s.I THE authors, ... ...
- Reform of the Law on Limitation of Actions - Government Accepts Law Commission Proposals
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Limitation and foreign follow-on actions
Two recent attempts to hedge limitation risk in follow-on claims by commencing proceedings in the UK High Court and the UK Competition Appeal Tribunal have failed. The Tribunal ruled that a claim,...
- UK Retailers Seek Permission To Appeal Decision In Case Concerning Limitation Periods In Private Damages Actions
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Time Called For Brocklesby? Law Commission Recommend Shorter Limitation Periods
... ... These proposals, if enacted, would have the effect of shortening the limitation periods for many professional indemnity actions. This will enable professionals to know for how long they need to maintain run-off insurance cover and to preserve their files. The Law Commission ... ...