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Coming Soon The Law of Limitation

The Law of Limitation

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199664856
  • Published In: December 2021
  • Format: Hardback , 575 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,187.50

HKD 2,056.25 Save HKD 131.25 (6%)

Delivery Time: around 3-4 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • Description 
  • Contents 
  • Author 
  • Details

    • A practical guide to the ubiquitous question of limitation, with both general analysis and detailed chapters on specialist contexts
    • Full coverage of the Limitation Act 1980, with further examination of the Foreign Limitation Periods Act and International Transport Conventions
    • Procedural guidance on the need to plead limitation, drafting of statements of case, and the interface with the Civil Procedure Rules

    This much-awaited practical compendium on the subject of limitation will greatly assist practitioners in all fields of civil litigation. The topic is set in the fullest possible context, with thorough coverage of the commonly arising matters in tort and contract, supplemented by expert and fine-tuned analysis of a wide range specialist frameworks. Insolvency, company law, and arbitration are among the more rarely discussed practical contexts presented here. Analysis of statutory limitation under the Limitation Act 1980 and a range of other intersecting statutes (including The Merchant Shipping Act; The Foreign Limitation Periods Act; International Transport Conventions; and contractual or other time bars) is brought together under one volume, edited by a renowned specialist in the field. 

    Part I begins with a brief historical introduction to the subject of limitation before taking the reader through the general categories of claim, in tort (personal injury, defective products, personal property; defamation and fatal accidents), in contract, in real and personal property, and in many of the most common areas. Factors postponing or extending time are fully discussed in the Part II. Specialist contexts including banking, the administration of estates, employment and discrimination, companies, insolvency, and arbitration are covered in Part III. Transecting statutory regimes which impact upon limitation in a domestic or international context are the subject of Part IV. The book concludes with procedural advice for pleading a defence of limitation, drafting statements of case, and understanding the relationship with the Civil Procedure Rules. The Limitation Act 1980 is provided in full along with other relevant provisions.

    Readership: Primary: UK solicitors and barristers practising in all forms of civil litigation. Secondary: academic libraries and practitioners in other common law jurisdictions.

  • Introduction
    1: Henry Stevens and Daisy Brown: Background (including Historical Introduction)
    2: Henry Stevens and Daisy Brown: Calculating Time
    Statutory limitation and general categories of claim
    3: Adrian Palmer QC and John Virgo: Claims in Tort: General Principles
    4: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Personal Injury
    5: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Fatal Accidents Act
    6: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Defective Products
    7: Adrian Palmer QC: Claims in Tort: Defamation and Malicious Falsehood
    8: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Exclusion of Time Limit in Personal Injury Cases
    9: Adrian Palmer QC and John Virgo: Claims in Tort: Extending Time in Property Damage and Financial Loss Cases
    10: Ross Fentem and Holly Doyle: Claims for Breach of Contract
    11: Neil Levy, Gerard McMeel and Nicholas Briggs: Claims in Unjust Enrichment and Restitution
    12: Raj Sahonte and Simon Passfield: Equitable Claims and Laches
    13: John Virgo: Claims under Statute
    14: Gerard McMeel and Nicholas Briggs: Claims in Respect of Personal Property
    15: George Newsom, Ewan Paton and Michael Selway: Claims in Respect of Real Property: General
    16: George Newsom, Raj Sahonte and Michael Selway: Claims in Respect of Real Property: Mortgages and Charges
    17: Simon Passfield and Holly Doyle: Claims for Contribution and Indemnity
    18: Kerry Barker: Claims in Public Law: Judicial Review and the Human Rights Act
    FACTORS POSTPONING OR EXTENDING TIME
    19: George Newsom, Raj Sahonte and Michael Selway: Acknowledgement and Part Payment
    20: John Virgo and Holly Doyle: Factors Postponing Time (1): Fraud and Deliberate Concealment
    21: Neil Levy and Gerard McMeel: Factors Postponing Time (2): Claims based on a Mistake
    22: Adrian Palmer QC, Julian Benson and Oliver Moore: Extending Time: Disability
    LIMITATION IN CONTEXT
    23: Neil Levy and Ross Fentem: Limitation and Banking: Loans, Overdrafts and Guarantees
    24: Malcolm Warner: Limitation and the Administration of Estates
    25: The Guildhall Chambers Employment Team: Limitation : Employment and Discrimination
    26: Stephen Davies QC, Jeremy Bamford and Daisy Brown: Limitation and Companies: Dissolution, Restoration and other Orders
    27: Stephen Davies QC, Jeremy Bamford and Stefan Ramel: Limitation and Insolvency
    28: William Batstone and Gerard McMeel: Limitation and Arbitration
    MISCELLANEOUS REGIMES
    29: Gerard McMeel: The Merchant Shipping Act
    30: Stefan Ramel: The Foreign Limitation Periods Act
    31: Gerard McMeel: International Transport Conventions
    32: Henry Stevens and Lucy Walker: Other Statutory Limitation Periods
    33: Gerard McMeel: Contractual and Other Time Bars
    PRACTICAL MATTERS
    34: Gerard McMeel: Practice and Procedure
    APPENDIX: STATUTORY MATERIALS
    Limitation Act 1980
    Foreign Limitation Periods Act
    Relevant Provisions of the Civil Procedure Rules

  • Gerard McMeel is a Professor of Law at University of Manchester, and a member of Guildhall Chambers, Bristol, as well as a door tenant at Quadrant Chambers in London. He is the author of The Construction of Contracts 2e (OUP, 2011), a co-editor of McMeel and Virgo on Financial Advice and Financial Products 2e Looseleaf (OUP, 2007). Guildhall Chambers in Bristol has a national reputation as a leading Barristers Chambers, and specialist teams in Commercial Litigation (including professional negligence); Personal Injury and Clinical Negligence; Insolvency; and Property. Expert practitioners from the Chambers will address the role of limitation in their specialist fields.

    Contributors: 
    Henry Stevens and Daisy Brown
    Henry Stevens and Daisy Brown
    Adrian Palmer QC and John Virgo
    Adrian Palmer QC, Julian Benson and Oliver Moore
    Adrian Palmer QC, Julian Benson and Oliver Moore
    Adrian Palmer QC, Julian Benson and Oliver Moore
    Adrian Palmer QC
    Adrian Palmer QC, Julian Benson and Oliver Moore
    Adrian Palmer QC and John Virgo
    Ross Fentem and Holly Doyle
    Neil Levy, Gerard McMeel and Nicholas Briggs
    Raj Sahonte and Simon Passfield
    John Virgo
    Gerard McMeel and Nicholas Briggs
    George Newsom, Ewan Paton and Michael Selway
    George Newsom, Raj Sahonte and Michael Selway
    Simon Passfield and Holly Doyle
    Kerry Barker
    George Newsom, Raj Sahonte and Michael Selway
    John Virgo and Holly Doyle
    Neil Levy and Gerard McMeel
    Adrian Palmer QC, Julian Benson and Oliver Moore
    Neil Levy and Ross Fentem
    Malcolm Warner
    The Guildhall Chambers Employment Team
    Stephen Davies QC, Jeremy Bamford and Daisy Brown
    Stephen Davies QC, Jeremy Bamford and Stefan Ramel
    William Batstone and Gerard McMe

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