Limitation Period in UK Law
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Donovan v Gwentoys Ltd
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The fact that the plaintiff's solicitors slipped up so that the writ was issued 37 days late was a totally unexpected windfall benefit for the defendants' insurers. The primary purpose of the limitation period is to protect a defendant from the injustice of having to face a stale claim, that is, a claim with which he never expected to have to deal. The defendants' insurers never suffered from that disadvantage in Thomson v. Brown and thus the degree of prejudice they suffered was slight.
A defendant is always likely to be prejudiced by the dilatoriness of a plaintiff in pursuing his claim. Witnesses' memories may fade, records may be lost or destroyed, opportunities for inspection and report may be lost. The fact that the law permits a plaintiff within prescribed limits to disadvantage a defendant in this way does not mean that the defendant is not prejudiced.
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Thompson v Brown
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A direction under the section must therefore always be highly prejudicial to the defendant, for even if he also has a good defence on the merits he is put to the expenditure of time and energy and money in establishing it, while if, as in the instant case, he has no defence as to liability he has everything to lose if a direction is given under the section.
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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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Hashtroodi v Hancock
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If there is a very good reason for the failure to serve the claim form within the specified period, then an extension of time will usually be granted. Thus, where the court has been unable to serve the claim form or the claimant has taken all reasonable steps to serve the claim form, but has been unable to do so (the CPR 7.6(3) conditions), the court will have no difficulty in deciding that there is a very good reason for the failure to serve.
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Pirelli General Cable Works Ltd v Oscar Faber & Partners
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There may perhaps be cases where the defect is so gross that the building is doomed from the start, and where the owner's cause of action will accrue as soon as it is built, but it seems unlikely that such a defect would not be discovered within the limitation period.
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Hoddinott v Persimmon Homes (Wessex) Ltd
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The first is to notify the defendant that the claimant has embarked on the formal process of litigation and to inform him of the nature of the claim. The second is to enable the defendant to participate in the process and have some say in the way in which the claim is prosecuted: until he has been served, the defendant may know that proceedings are likely to be issued, but he does not know for certain and he can do nothing to move things along.
- Latent Damage Act 1986
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Limitation Act 1939
... ... which the cause of action accrued: ... Provided that this subsection shall not affect any ... action for which a shorter period of limitation is prescribed ... by any other provision of this Act ... (4) An action shall not be brought upon any ... judgment after the ... ...
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Coronavirus Act 2020
... ... , guidance or assistance, and(c) the charges relate only to the period after the authority so complies ... (7) Subsection (8) applies ... 40: Statutory sick pay: power to disapply waiting period limitation ... ...
- Limitation Act 1980
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Comment: Filing Suit in the Wrong Court and its Effect in Interrupting Period of Limitation
Although the Federal Supreme Court rendered a sound decision on the effect of filing suit in the wrong jurisdiction with regard to the period of limitation, it failed to provide detailed analysis a...
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The Limitation Period of Crimes: Same Old Italian Story, New Intriguing European Answers: Case Note on C-105/14, Taricco
Following a request for a preliminary ruling from an Italian judge, the Court of Justice of the European Union issued a groundbreaking decision in the Taricco case (C-105/14). In this judgment, the...
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Do prestige and trust sustain knowledge-based communities? Evidence from Medical Ethics co-authorship networks in France. A micro study
Purpose: The purpose of this paper is to identify embedded communities among Medical Ethics scholars in France based on their position and strength of association in the social networks they form. ...... ... , author disambiguation over a three decade periodremains a limitation.Originality/value –Although there have been numerous studies on mapping ... regarding co-authorship andcitations received, we divided the period of interest into three distinct timeframes (1983 to1999, 2000 to 2009 and ... ...
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Antecedents and consequences of staff related fraud in the Ghanaian banking industry
Purpose: The purpose of this paper is to investigate the antecedents and consequences of employee fraud, focusing on the banking industry in Ghana. Design/methodology/approach: A major bank was se...... ... bank for the case study analysis as wellas the three-year analysis period imposes a limitation on the study. Future studies can explore fraud ... ...
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No limitation period in breach of duty claim against director
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...
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Unilateral notice under an SPA not sufficient to stop limitation period expiring
A unilateral notice relating to a tax liability under a share sale and purchase agreement was not a valid notice within the relevant limitation period for a claim. The construction of a unilateral ...
- Court Refuses To Extend Limitation Period In Historical Abuse Case
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Limitation period for “continuing nuisance” in environmental cases
The Court of Appeal has examined when a common law nuisance can be said to be “continuing” and therefore qualify for a more generous application of the limitation rules. The judgment is of relevanc...
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Declaration as to inability of a defendant to file and serve statement of case under a decree of limitation
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... “The defendant (give name) ... requires a further (give period) ... the said general limitation decree (state reasons for request]” ... in which to file and serve an application to set aside ... “The ... ...
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General limitation decree
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... identifying the claim and specifying the decree made in this claim and further specifying a period ... of (state period) ... for the filing of claims and the issue of applications to set the ... decree aside ... the sum of £ (enter amount) ... ...
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Claim notification form: Low value personal injury claims in employers' liability - disease (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... number, please explain why ... Period(s) of exposure (Please be as accurate as possible) ... Occupation ... The defendant has no accrued defence to the claim under the Limitation Act 1980 ... The above are admitted ... The defendant makes the above ... ...