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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Limitation Act 1980
LIMITATION:  THE EXPIRY OF THE LIMITATION PERIOD AND THE USE OF SECTION 33 IN AN EXTREMELY SENSITIVE CASE

LIMITATION: THE EXPIRY OF THE LIMITATION PERIOD AND THE USE OF SECTION 33 IN AN EXTREMELY SENSITIVE CASE

January 15, 2020 · by gexall · in Applications, Limitation

I have to admit I have hesitated before writing about the judgment of Mrs Justice Yip in Young v Downey [2019] EWHC 3508 (QB), it is an extremely sensitive case that has already been widely reported. However that part of…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2: HOW DO YOU MISS THE THREE YEAR LIMITATION PERIOD?

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2: HOW DO YOU MISS THE THREE YEAR LIMITATION PERIOD?

July 28, 2019 · by gexall · in Avoiding negligence claims, Limitation, Personal Injury

This series looks at avoiding negligence claims in litigation, personal injury litigation in particular.  The easiest (and most common) method of a negligence claim is missing the limitation period. How does anyone miss a three year limitation period?  The basic…

LIMITATION: SECTION 33 APPLICATION SUCCESSFUL  - 38 YEARS AFTER THE EVENT COMPLAINED OF

LIMITATION: SECTION 33 APPLICATION SUCCESSFUL – 38 YEARS AFTER THE EVENT COMPLAINED OF

June 5, 2019 · by gexall · in Applications, Limitation

In FZO v Adams & Anor [2018] EWHC 3584 (QB) Mrs Justice Cutts exercised the Section 33 discretion in a case brought 25 – 30 years after the expiry of the applicable limitation period and where the events happened 38…

AN UNSUCCESSFUL ATTEMPT TO APPEAL  JUDGE'S EXERCISE OF DISCRETION  UNDER S.33 OF THE LIMITATION ACT 1980 IN FAVOUR OF THE CLAIMANT

AN UNSUCCESSFUL ATTEMPT TO APPEAL JUDGE’S EXERCISE OF DISCRETION UNDER S.33 OF THE LIMITATION ACT 1980 IN FAVOUR OF THE CLAIMANT

April 9, 2019 · by gexall · in Appeals, Limitation

In HMG3 Ltd & Anor v Dunn [2019] EWHC 882 (QB) Mrs Justice Yip upheld the findings of a Circuit Judge who exercised their discretion under Section 33 in favour of a claimant. THE CASE The claim is brought by…

CIVIL PROCEDURE: BACK TO BASICS 25: FATAL ACCIDENT ACT LIMITATION PERIODS AND CHILDREN

CIVIL PROCEDURE: BACK TO BASICS 25: FATAL ACCIDENT ACT LIMITATION PERIODS AND CHILDREN

January 24, 2019 · by gexall · in Avoiding negligence claims, Courses, Fatal Accidents, Limitation

The law of limitation for  Fatal Accidents Act claims for children is often misunderstood.    Here we look at the limitation period in relation to fatal accident claims and children.  There are two issues: the limitation period when any of…

SETTING JUDGMENT ASIDE: LIMITATION,  SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE - THIS IS THE CPR

SETTING JUDGMENT ASIDE: LIMITATION, SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE – THIS IS THE CPR

July 15, 2018 · by gexall · in Appeals, Applications, Civil Procedure, Default judgment,, Limitation, Relief from sanctions, Setting aside judgment, Skeleton arguments, Written advocacy

In TPE v Franks [2018] EWHC 1765 (QB) Mr Justice Julian Knowles set aside a default judgment.  The case contains some important observations as to how the courts should consider an application to set aside a default judgment – considering…

LIMITATION PERIOD RUNS FROM DATE OF COMPLETION OF WORK: AGREED TERMS FOR PAYMENT DO NOT EXTEND LIMITATION PERIOD

LIMITATION PERIOD RUNS FROM DATE OF COMPLETION OF WORK: AGREED TERMS FOR PAYMENT DO NOT EXTEND LIMITATION PERIOD

February 18, 2018 · by gexall · in Appeals, Limitation

In  Ice Architects Ltd v Empowering People Inspiring Communities (Rev 1) [2018] EWHC 281 (QB) Mrs Justice Lambert found that the six year contractual limitation period ran from the date of completion of work and not the date of invoice.   A…

SECTION 33 IN AN INDUSTRIAL DEAFNESS CASE: COURT OF APPEAL SAYS NO

SECTION 33 IN AN INDUSTRIAL DEAFNESS CASE: COURT OF APPEAL SAYS NO

February 16, 2018 · by gexall · in Appeals, Applications, Limitation

We are looking again at the decision in  Carr v Panel Products (Kimpton) Ltd [2018] EWCA Civ 190     This was the first time the Court of Appeal had considered Section 33 of the Limitation Act since the decision in Carroll v Chief…

A SHORT POINT ON CLAIMANTS WITHOUT CAPACITY AND LIMITATION: ONCE A LIMITATION PERIOD STARTS RUNNING IT NEVER STOPS

A SHORT POINT ON CLAIMANTS WITHOUT CAPACITY AND LIMITATION: ONCE A LIMITATION PERIOD STARTS RUNNING IT NEVER STOPS

October 13, 2017 · by gexall · in Limitation

I was lecturing earlier this week on the issue of disability in personal injury cases. One of the principles of law I was lecturing on proved to be “controversial”, that is it appeared to come as a surprise to many…

SEXUAL ABUSE AND SECTION 33 OF THE LIMITATION ACT: COURT OF APPEAL OVERTURNS JUDGE’S ORDER

February 22, 2017 · by gexall · in Appeals, Limitation

In Archbishop Michael George Bowen -v- JL [2017] EWCA Civ 82 the Court of Appeal overturned a judge’s decision under section 33 of the Limitation Act 1980.  The judge had exercised the discretion in favour of the claimant. On appeal…

AMENDMENT PROVIDES A BRIDGE OVER TROUBLED WATERS: PERMISSION TO AMEND TO CLARIFY POSITION OF PARTY PERMITTED

AMENDMENT PROVIDES A BRIDGE OVER TROUBLED WATERS: PERMISSION TO AMEND TO CLARIFY POSITION OF PARTY PERMITTED

February 7, 2017 · by gexall · in Amendment, Limitation, Statements of Case

Decisions on amendment and limitation arguments are cropping up at the moment. Here we look at the judgment of Master Kay QC in Highways England Company Limited -v- B.G. Rodwell Limited[2017] EWHC 118(QB).  The defendant raised issues under Section 35…

LIMITATION; SEXUAL ABUSE AND THE SECTION 33 DISCRETION: NO SPECIAL RULE JUST BECAUSE THE DEFENDANT WAS MORALLY CULPABLE

January 10, 2017 · by gexall · in Limitation

In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in…

LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

December 29, 2016 · by gexall · in Civil Procedure, Limitation, Personal Injury, Uncategorized

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation. (A…

SECTION 33: CERTAIN FALLACIES DISPLACED

March 28, 2016 · by gexall · in Avoiding negligence claims, Limitation, Uncategorized

Each application under s.33 of the Limitation Act 1980 is, of course, unique. It is interesting, however to examine the decision of Her Honour Judge Walden Smith (sitting as a High Court judge) in Sanderson -v- City of Bradford City…

LIMITATION :"STANDSTILL AGREEMENT" HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION

October 29, 2015 · by gexall · in Limitation, Uncategorized

In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now…

THE DATE OF KNOWLEDGE AND SECTION 33: A CASE THAT CLINICAL AND PROFESSIONAL NEGLIGENCE LAWYERS PROBABLY NEED TO READ

October 24, 2015 · by gexall · in Limitation, Uncategorized

In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980.  It also touches…

THE ACCRUAL OF THE LIMITATION PERIOD FOR LOSS OF EARNINGS: A CLAIM "JUST" IN TIME

October 15, 2015 · by gexall · in Limitation, Uncategorized

The previous post looked at the decision in relation to interest in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049. Here we look at the procedural points. “I cannot leave this case without making three observations. First, I am surprised…

THE DATE OF KNOWLEDGE UNDER SECTION 14A OF THE LIMITATION ACT: DELAY WHEN APPLYING TO SET JUDGMENT ASIDE

October 7, 2015 · by gexall · in Civil Procedure, Judgment, Limitation, Relief from sanctions, Uncategorized

In Blakemores LDP -v- Scott [2015] EWCA Civ 999 the Court of Appeal considered issues relating to date of knowledge for the purpose of  s.14A of the Limitation Act 1980 . The court also considered the impact of delay when…

DATE OF KNOWLEDGE AND SECTION 33 IN SEXUAL ABUSE CASES: A HIGH COURT DECISION

June 19, 2015 · by gexall · in Limitation

In A -v- The Trustees of the Watchtower Bible and Tract Society [2015] EWHC 1722 (QB) Mr Justice Globe considered the issue of the date of knowledge under s.14 of the Limitation Act 1980 and also stated that, had it…

AVOIDING NEGLIGENCE CLAIMS: A SUMMARY OF PREVIOUS POSTS

January 8, 2015 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Limitation, Personal Injury, Useful links

There are now over 640 individual posts on this blog. Occasionally it helps to recap. Here I provide links to the series on “avoiding negligence” claims written at the end of 2013. THE SERIES The series was primarily aimed at…

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