Statute Barred in UK Law

Leading Cases
  • Bell v Peter Browne & Company
    • Court of Appeal (Civil Division)
    • 11 April 1990

    A remediable breach is just as much a breach of contract when it occurs as an irremediable breach, although the practical consequences are likely to be less serious if the breach comes to light in time to take remedial action.

  • Forster v Outred & Company
    • Court of Appeal (Civil Division)
    • 11 March 1981

    Mr. Stuart-Smith says that it is any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases. They are all illustrations of a kind of loss which is meant by "actual" damage.

  • Hoddinott v Persimmon Homes (Wessex) Ltd
    • Court of Appeal (Civil Division)
    • 21 November 2007

    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.

  • Ketteman v Hansel Properties Ltd
    • Court of Appeal (Civil Division)
    • 25 July 1984

    On that date the second and third defendants learned that they might have a limitation defence which they had not known about before, that is to say the houses might have been "doomed from the start". The second and third defendants and their advisers had had no reason to think before 10th December that a cause of action could accrue if a house were erected which, due to negligent design or construction, was "doomed from the start".

  • Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
    • Court of Appeal
    • 15 June 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.

  • Godwin v Swindon Borough Council
    • Court of Appeal (Civil Division)
    • 10 October 2001

    This appeal is, of course, centrally concerned with limitation. The relevant time period after which the present action may not be brought is 3 years from the date on which the cause of action accrued, that is the date of the accident. For relevant purposes, the claim is brought by issuing the claim form. This was done in the present case just before the expiry of the 3 year limitation period. In addition, the claim form has to be served in accordance with the rules.

  • Leal v Dunlop Bio-Processes International Ltd
    • Court of Appeal (Civil Division)
    • 13 February 1984

    I share the opinion of Lord Justice Slade that if it is wrong to allow the plaintiff to continue these statute-barred proceedings by extending the validity of his writ under O. 6 r.8 to enable the plaintiff to apply to issue a concurrent writ for service out of the jurisdiction under O. 6 r.6, it must be wrong to allow him to continue them by giving him leave to serve it out of the jurisdiction under O. 11 r.1.

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Legislation
  • Legal Practitioners (Ireland) Act 1876
    • UK Non-devolved
    • Saturday January 01, 1876
    ... ... right to recover payment of such costs, charges, and expenses is barred by any Statute of Limitations.S C H E D U L E ... Date of Act ... Extent ... ...
  • Reverter of Sites Act 1987
    • UK Non-devolved
    • Thursday January 01, 1987
    ... ... to any property in respect of which that persons claim was statute-barred before the commencement of this Act, or in relation to any property ... ...
  • Limitation Act 1623
    • UK Non-devolved
    • Sunday January 01, 1623
    ... ... and disabled from such Entry after to be made; any former Law or Statute to the contrary notwithstanding ... Infants, Femes Covert, &c ... Judgment or Nonsuit in a Quare clausum fregit, the Plaintiff is barred to renew the Suit, Hetley 165.V After Judgment or Nonsuit in a Quare ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • Wednesday January 01, 1873
    ... ... shall have been imposed or conferred by any statute, law, or ... custom upon the Judges or any Judge of any of such Courts ... respect of any breach of such trust, shall be held to ... be barred by any Statute of Limitations ... (3.) An estate for life without ... ...
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Books & Journal Articles
  • Sifax v. Migfo and Limitation Laws in Nigeria: Triumph of Pragmatism over Formalism?
    • No. , November 2020
    • African Journal of International and Comparative Law
    • 577-595
    ... ... and Plateau 15 still apply the English Limitation Act 1623 as a statute of general application because these states have not deemed it necessary ... little or no discretion in determining whether a suit is statute-barred or not because the period must be calculated with mathematical precision ... ...
  • Limitation Act 1963
    • No. 27-2, March 1964
    • The Modern Law Review
    ... ... The Court of Appeal held that the plaintiffs were statute barred, as time ran from the date that the damage, i.e., the ... ...
  • First Catch Your Defendant—Limitation and the Unknown Tortfeasor
    • No. 29-4, July 1966
    • The Modern Law Review
    ... ... is the real cu1prit.l Is A’s claim against C to be statute-barred, although he has not slept on his rights i’ The ... ...
  • Index
    • Contents
    • Watson-Gandy On Corporate Insolvency Practice - 2nd Edition
    • Mark Watson-Gandy
    • 491-502
    ... ... 144 secured debts, see Security set off 45, 56, 57, 69, 70 statute barred debts 14 see also Creditors; Enforcement Declarations of ... ...
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Law Firm Commentaries
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