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Limitation Periods 9th edition with 1st Supplement

Limitation Periods 9th edition with 1st Supplement

Author: Andrew McGee
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414122987

Previous Edition ISBN: 9780414104044
Published In: July 2024
Format: Hardback + Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: $575.64

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Description
Contents

Details

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out, and also covers European and international limitation issues.

The 9th edition, published in July 2022, is now accompanied by a First Supplement (published July 2024) that brings the text fully up-to-date, including significant case law such as: Kekwick v Kekwick (Meaning of 'action' and 'proceeding' and the differences between them); Boxxe Ltd v Secretary of State for Justice, Walton v Pickerings Solicitors (the calculation of time and the differences between issue and service); Lees v Kaye (what counts as 'personal injury'); Jalla v Shell, Honda Pension Trustees v Mercer Ltd (continuing torts); James v Scudamore (Laches).

Key Features of the 9th edition:

Provides guidance on time limitations in all areas of law, from preliminary issues to proceedings. In a notoriously complex and confusing area of law – with over 150 statutory time limits appropriate to specific causes of action – this time-proven title cuts through the complexity to focus on what you need to know, saving you research and planning time
Tells when time starts to run, how long the limitation period is, and the consequences of expiry in differing circumstances – therefore helps the practitioner manage casework so that actions are begun within the required period
Although with the expiry of the limitation period the conventional remedy is barred, the plaintiff’s right is not extinguished. The book points out the options still available on expiry and the many exceptions to the rules that may apply
The chapters are arranged so that actions in different areas of law are dealt with separately. The chapter on Disability, for example, explains the disabilities covered and the protections provided for the running (and stopping) of limitation periods for such persons
All procedural matters are covered, with separate chapters on, for example, Pleading Questions (examining the issues arising from the pleading of a limitation point: how and when to plead, burden of proof, foregoing the statute, estoppel, etc.) and Procedural Delays
Analyses the judgments in new case law, such as the Supreme Court judgment in Test Claimants in the Franked Investment Income Group Litigation v Revenue and Customs Commissioners and the Court of Appeal in Matthew v Sedman, and explains the implications for future actions and decisions.
Covers European, including updates following Brexit, and international limitation period issues

Chapter 1, Definition, background and policy
Chapter 2, The running and expiry of time
Chapter 3, The relevance of the remedy
Chapter 4, Categorisation
Chapter 5, Actions founded on tort
Chapter 6, The Latent Damage Act 1986
Chapter 7, The Consumer Protection Act 1986
Chapter 8, Personal injuries and defamation
Chapter 9, Judicial review and other Crown proceedings
Chapter 10, Accrual of cause of action in contract
Chapter 11, Actions to recover sums due under statute
Chapter 12, Personal property
Chapter 13, Real property
Chapter 14, Trustees and personal representatives
Chapter 15, Contribution
Chapter 16, Arbitration
Chapter 17, Miscellaneous cases
Chapter 18, Acknowledgment and part-payment
Chapter 19, Disability
Chapter 20, Fraud, concealment and mistake
Chapter 21, Pleading questions
Chapter 22, Procedural delays
Chapter 23, General
Chapter 24, The Merchant Shipping Act 1984
Chapter 25, The Foreign Limitation Periods Act 1984
Chapter 26, The Carriage Statutes
Chapter 27, Other Statutes
Chapter 28, European Law