Statute Barred in UK Law

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

    Failure thereafter to make good the omission did not constitute a further breach. His failure to make good his existing breach of contract on request would not have constituted a further breach of contract: it would not have set a new six-year limitation period running. 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.

    For completeness I add that the above observations are directed at the normal case where a contract provides for something to be done, and the defaulting party fails to fulfil his contractual obligation in that regard at the time when performance is due under the contract. By way of contrast are the exceptional cases where, on the true construction of the contract, the defaulting party's obligation is a continuing contractual obligation.

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

  • Forster v Outred & Company
    • Court of Appeal (Civil Division)
    • 11 Mar 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.

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

    It would be convenient, in my opinion, to start the unravelling of this surprising mish-mash of legal issues by considering the procedural ones. The first in point of time, and importance, is that raised by the amendments which were allowed on 10th December 1982. 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".

  • 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.

  • Donovan v Gwentoys Ltd
    • House of Lords
    • 22 Mar 1990

    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.

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  • Reverter of Sites Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ......person's claim was statute-barred before the commencement. of this Act, or in relation to any ......
  • Limitation (Northern Ireland) Order 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ...... rent; or(e) interest on a mortgage or charge on land; "Statute of Limitations" means the Statute of Limitations (Northern Ireland) 1958 ( ... right claimed;(b) a person whose estate or interest might have been barred by a person entitled to an entailed interest in possession is to be ......
  • Legal Practitioners (Ireland) Act 1876
    • UK Non-devolved
    • 1 de Enero de 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. Title. Extent ......
  • Solicitors Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974 recover the costs is barred by any statute of limitations. S-74 . Special provisions as to ......
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Books & Journal Articles
  • Limitation Act 1963
    • Núm. 27-2, Marzo 1964
    • The Modern Law Review
    ...... STATUTES LIMITATION ACT, 1968 Zntroduction IF, in England, we had an ... 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
    • Núm. 29-4, Julio 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 ......
    • Núm. 6-4, Diciembre 1943
    • The Modern Law Review
    ...... been guilty of such conduct as by the terms of the statute entitles the court to dismiss the petition, where injustice may ... It was held that the debt was statute-barred. Thus the creditor, through his indulgence to the debtor for ......
    • Núm. 30-2, Marzo 1967
    • The Modern Law Review
    ...... defence since Part IV of the Act will have ceased altogether and there is no question of the wages being statute-barred. Subsection (8) specifically retains the right of the employee to rescind his contract of employment notwithstanding the earlier ......
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Law Firm Commentaries
  • Claim Which Was Time-Barred From Continuing In The Employment Tribunal May Still Be Pursued In The High Court
    • JD Supra United Kingdom
    In Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim base...
  • Retailers' Claims Against Visa Time Barred
    • JD Supra United Kingdom
    In Arcadia Group Brands Ltd & ors v Visa Inc & ors [2014] EWHC 3561 (Comm) the Commercial Court has struck out a substantial damages claim for alleged breaches of competition law on the bas...
    ...... the expiration of six years from the date on which the cause of action accrued, or on s9, which applies to claims for sums recoverable by statute, on materially similar terms. Accordingly, they applied to strike out those parts of the claimants’ claims which alleged infringements occurring ......
  • Reaffirmation Of Limitation Law In Property Damage Claims
    • Mondaq UK
    ...... insured, which in this case meant that the insured's claim was statute barred. The decision was however split 3:2, suggesting that the issue ......
  • Counting the Creditors
    • Mondaq United Kingdom
    ...... Creditors' claims which become time barred during the administration - Leyland Printing Company Limited (in ... of the companies can and should accept any claims that have become statute-barred since the making of the administration orders for the purpose of ......
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