SERVICE OF THE CLAIM FORM: SCOTTISH LAW: LIMITATION AND EXTENSIONS OF TIME: A LESSON HERE FOR US ALL
In Johnson v Berentzen & Anor [2021] EWHC 1042 (QB) Mrs Justice Stacey considered a case where a claimant inadvertently fell foul of Scottish limitation law. In Scottish cases proceedings need to be served within the three year period, it…
THE FOREIGN LIMITATION PERIOD: ENVIRONMENTAL DAMAGE, PUBLIC POLICY – AND A BASIC ERROR ABOUT THE DATE: CLAIMANT HAS TO FALL BACK ON “UNDUE HARDSHIP” ARGUMENT
The Court of Appeal decision in Begum v Maran (UK) Ltd [2021] EWCA Civ 326 contains some interesting observations on the law of tort and duty of care. However the claimant in this case faces another fundamental challenge. There is…
PREVIOUS FINDINGS OF FOREIGN LAW CAN BE BINDING: THE ACT, THE NOTICES AND A CASE
We have looked at the decision in Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2017] EWHC 3374 (Comm) Mr Justice Picken in the context of the Foreign Limitation Periods Act. There was a brief description of a little used…
THE FOREIGN LIMITATION PERIOD ACT 1984: PUBLIC POLICY AND UNDUE HARDSHIP: NOT PART OF THE “STAR WARS” DEFENCE
In Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2017] EWHC 3374 (Comm) Mr Justice Picken considered Section 2 of the Foreign Limitation Periods Act 1984. The judge held that he would have extended the limitation period on public policy…
APPLICATIONS TO AMEND APPEAL NOTICE AND PARTICULARS AT A LATE STAGE NOT ALLOWED BY THE COURT OF APPEAL
I am grateful to Jill Greenfield from Field Fisher for sending me a copy of the Court of Appeal transcript in Howe -v- Motor Insurers Bureau (CA 8th February 2017). This is a judgment refusing permission to amend and for…
UNDUE HARDSHIP AND THE FOREIGN LIMITATION PERIODS ACT
The Foreign Limitation Periods Act 1984 is one of those matters that litigators must always have at the forefront of their mind when dealing with any matter that has a foreign connection. The stringent nature of the Act is made…
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