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Limitation of Actions in England and Wales

Limitation of Actions in England and Wales

Author: Martin Canny
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781780433356
Published In: July 2013
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 [2013] 1 AC 78), claims for refunds of overpaid taxes (Franked Investment Income Group Litigation [2012] 2 AC 337), competition law time limits (BCL Old Co. Ltd. v BASF plc. [2012] 1 WLR 2922), and employment law claims (Birmingham City Council v Abdulla [2013] 1 All ER 649). It also considers the important decisions of the Court of Appeal in Central Bank of Nigeria v Williams [2012] 3 All ER 579 (dishonest assistance), Page v Hewetts Solicitors [2012] EWCA Civ 805 (mislaid court form), Green v Eadie [2012] 2 Ch 363 (solicitor’s negligence concerning a conveyance), Joddrell v Peaktone Ltd [2013] 1 All ER 13 (effect of restoration of a company under the Companies Act 2006) and Parshall v Hackney [2013] EWCA Civ 240 (effect of erroneous registration by the Land Registry), Sayers v Lord Chelwood [2013] 2 All ER 232 (personal injuries and the s 33 discretion) as well as decisions of the High Court.

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

Martin Canny BCL (Int), LLM (Comm Law), Barrister-at-Law of King’s Inns, Dublin and Middle Temple, London is a practising barrister with a chancery, commercial and common law practice. He is the author of the leading Irish textbook on the Limitation of Actions, which was published in 2010.