Limitation

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Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 9th Nov
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering cross border EU...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov

Most recent Limitation content

Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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4th Dec
Practice notes
This Practice Note should be read in conjunction with Practice Note: Limitation—amendments to statements of case, set-offs and counterclaims, which...
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3rd Dec
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with the extension of...
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3rd Dec
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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3rd Dec
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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3rd Dec
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
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3rd Dec
Practice notes
This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods...
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3rd Dec
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation periodsStatutory limitation periods seek to...
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3rd Dec
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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3rd Dec
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 3rd Dec
Q&As
For the purpose of this response we have assumed that the claim in question concerns a simple contract (ie one which is not under seal or a contract...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 3rd Dec
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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1st Dec
Q&As
Limitation periodThe law in relation to the period of limitation applicable to both dishonest breach of trust and knowing receipt of funds paid in...
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29th Nov
Q&As
An attorney’s ability to make payments to themselves under a simple power of attorney (for example, in relation to a bank account) will be governed by...
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Produced in partnership with Thomas Watts of Charles Russell Speechlys LLP 29th Nov
Q&As
As set out in the Q&A: ‘Can a creditor take out administration'>letters of administration if the family of the deceased are refusing to do so?’, a...
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29th Nov
Q&As
An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...
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29th Nov
Q&As
The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy against those who receive trust property which has...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 29th Nov
Q&As
Where a company disposes of any of its property at the time between the presentation of a winding-up petition against it and a winding-up order being...
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29th Nov
Q&As
We do not have a Practice Note on the specific point raised in this Q&A. However, the following which may be useful.The right of access to personal...
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29th Nov

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