Limitation of Actions in England and Wales provides the most comprehensive, insightful and up-to-date commentary on the limitation provisions and time limits that apply to all civil causes of action.
It covers the Limitation Act 1980 together with all amendments to the LA 1980, including those dealing with Latent Damage, Defective Products, Defamation and Arbitration, the Land Registration Act 2002 and the criminalisation of squatting in a residential building by s 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Also covered are the Foreign Limitation Periods Act, the Rome I & II Regulations, and time limits relating to claims in the areas of Human Rights law, Employment law, Competition law, Judicial Review and Public Procurement challenges.
Limitation of Actions in England and Wales is an essential legal textbook for barristers in civil practice, solicitors, in-house counsel, law students, and claims handlers in insurance companies and local authorities.
It is written:- With the intention of answering limitation questions in a practical manner; In a user-friendly style with numbered sub-paragraphs and a detailed index; It contains a Schedule of Limitation Periods for ease of reference; It includes reference to decisions of the courts of other common law jurisdictions where these are relevant; and It analyses the law as it currently stands and areas where uncertainty remains or changes are possible.
It includes an analysis of the recent decisions of the Supreme Court in the area, including decisions on the date of knowledge provisions (AB v Ministry of Defence  1 AC 78), claims for refunds of overpaid taxes (Franked Investment Income Group Litigation  2 AC 337), competition law time limits (BCL Old Co. Ltd. v BASF plc.  1 WLR 2922), and employment law claims (Birmingham City Council v Abdulla  1 All ER 649). It also considers the important decisions of the Court of Appeal in Central Bank of Nigeria v Williams  3 All ER 579 (dishonest assistance), Page v Hewetts Solicitors  EWCA Civ 805 (mislaid court form), Green v Eadie  2 Ch 363 (solicitor's negligence concerning a conveyance), Joddrell v Peaktone Ltd  1 All ER 13 (effect of restoration of a company under the Companies Act 2006) and Parshall v Hackney  EWCA Civ 240 (effect of erroneous registration by the Land Registry), Sayers v Lord Chelwood  2 All ER 232 (personal injuries and the s 33 discretion) as well as decisions of the High Court.
Read an extract of Limitation of Actions in England and Wales
Table of Contents
PART I – INTRODUCTION AND GENERAL Chapter 1 Introduction and General Principles Chapter 2 Pleading, Procedure, Amendment and Calculating Time Chapter 3 The Foreign Limitation Periods Act 1984 and the Rome Regulations Chapter 4 Enforcement of Judgments
PART II – GENERAL EXTENSIONS TO THE LIMITATION PERIOD Chapter 5 Disability: Minors and Persons Lacking Capacity to Conduct Legal Proceedings Chapter 6 Acknowledgment and Part Payment Chapter 7 Fraud, Concealment and Mistake
PART III – CONTRACT, UNJUST ENRICHMENT AND TORT Chapter 8 Contract Chapter 9 Unjust Enrichment Chapter 10 Actions in Tort: General Principles Chapter 11 The Consumer Protection Act 1987 Chapter 12 The Latent Damage Act 1986 Chapter 13 Personal Injuries Actions Chapter 14 Defamation
PART IV – REAL AND PERSONAL PROPERTY Chapter 15 Real Property Chapter 16 Personal Property
PART V – EQUITY AND ESTATES Chapter 17 Breach of Trust and Breach of Fiduciary Duty Chapter 18 Claims for Equitable Relief; Laches and Acquiescence Chapter 19 Claims Involving the Estates of Deceased Persons
PART VI – MISCELLANEOUS OTHER LIMITATION PROVISIONS Chapter 20 Actions on a Specialty Chapter 21 Actions to Recover Any Sum Recoverable by Virtue of Any Enactment Chapter 22 Admiralty Actions and the Carriages Statutes Chapter 23 Arbitration, Mediation and Adjudication Chapter 24 Company, Partnership and Insolvency Law Chapter 25 Contribution Chapter 26 European Union Law Chapter 27 Employment Chapter 28 The Human Rights Act 1998 and the European Convention on Human Rights Chapter 29 Judicial Review and Public Procurement Proceedings Chapter 30 Proceeds of Crime Chapter 31 Shorter Topics