Limitation

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Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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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
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
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9th Nov
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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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
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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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
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 12th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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9th Nov
Practice notes
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
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9th Nov
Practice notes
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Limitation content

Q&As
This Q&A considers subject access requests under the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and the Data Protection Act...
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24th Mar
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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23rd Mar
Practice notes
This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act...
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19th Mar
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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16th Mar
Q&As
Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 11th Mar
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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9th Mar
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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13th Feb
Q&As
Claims for breach of fiduciary dutyHow long a company has to bring a claim against one of its directors for a breach of the duties they owe under the...
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11th Feb
Q&As
Generally, the limitation period for bringing a claim for breach of contract is:•six years from the date of breach of a 'simple contract' (one which...
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11th Feb
Q&As
The accrual of a cause of action in the case of a claim under an express indemnity will depend upon the terms of the contract: see eg Bosma v Larsen...
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11th Feb
Q&As
For the purposes of the Limitation Act 1980 (LA 1980), the limitation period runs from the date of accrual of the cause of action until the claim is...
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11th Feb

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