Gelmini v Moriggia

JurisdictionEngland & Wales
Judgment Date1913
Date1913
CourtKing's Bench Division
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12 cases
  • Chiew Chiu Sing v Dato' Seri Tiong King Sing
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2004
  • Pritam Kaur v S. Russell & Sons Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 December 1972
    ...is that the party shall have until the earliest day on which the Court will act". 9In so far as Morris v. Ripcords 45 L. T. 210, and Gelmini v. Moriggia (1913) 2 K. B. 549, proceeding on the footing that the time was not extended, thou are no longer to be 10in my opinion, therefore, the pl......
  • Hodgson v Armstrong
    • United Kingdom
    • Court of Appeal
    • 15 November 1966
    ...in the enactment to alter the actual date of the commencement of the action". 62 That decision was followed by Mr. Justice Channell in Gelmini v. Moriggia, (1913) 2 King's Bench 549, That again was an action upon a promissory note where the six years limitation period had expired on a Sund......
  • Trow v Ind Coope (West Midlands) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 May 1967
    ...the 10th September, 1965, or the 11th September, 1965? Mr Justice Channell would have said it was the 10th September, 1965, see Gelmini v. Moriggia and anr., 1913, 2 King's Bench, page 549. Mr Justice Havers would have said it was the 11th September, 1965, see Marren v. Dawson Bentley & Co.......
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4 firm's commentaries
  • Limitation Periods After Midnight Deadlines: The Saga Continues In The Supreme Court
    • United Kingdom
    • Mondaq UK
    • 12 August 2021
    ...2017. Hence, the claim would be in time. At first instance, HHJ Hodge QC (as a Judge of the High Court) relied on Gelmini v Moriggia [1913] 2 KB 549 to hold that Friday 3 June 2011 should be included for the purpose of calculating the limitation That decision was upheld by the Court of Appe......
  • Limitation Periods After Midnight Deadlines: The Saga Continues In The Supreme Court
    • United Kingdom
    • Mondaq UK
    • 12 August 2021
    ...2017. Hence, the claim would be in time. At first instance, HHJ Hodge QC (as a Judge of the High Court) relied on Gelmini v Moriggia [1913] 2 KB 549 to hold that Friday 3 June 2011 should be included for the purpose of calculating the limitation That decision was upheld by the Court of Appe......
  • Professional Negligence: On The Stroke Of Midnight The Limitation Clock Started Ticking
    • United Kingdom
    • Mondaq UK
    • 5 July 2021
    ...six years and one day to issue proceedings. The Defendants relied on an early 20th Century authority of Channell J in Gelmini v Moriggia [1913] 2 KB 549, where it was clearly stated "...in all cases of contract the person who has to pay has the whole of the day upon which payment is due in ......
  • Matthew And Others (Appellants) v Sedman And Others (Respondents) [2021] UKSC 19
    • United Kingdom
    • Mondaq UK
    • 5 August 2021
    ...have the effect of giving the claimant an extra day over and above the statutory limitation period. Relying on Gelmini -v- Moriggia [1913] 2 KB 549, the judge held that "where it is absolutely clear that the cause of action arises at the very beginning of a particular day, that day should n......

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