Limitation

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Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 12th Jan
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
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 12th Jan
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
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
Practice notes
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
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9th Nov
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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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
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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9th Nov
Practice notes
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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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
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...
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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 dealing with provisions in the CPR...
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9th Nov
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Limitation content

Q&As
In this Q&A, it is assumed that the claim was commenced pursuant to CPR 7 and has been served in the jurisdiction.Following service of a claim form...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Q&As
Conversion as a tortConversion of goods is a tort for the purposes of limitation. It is now governed by section 1(a) of the Torts (Interference with...
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Produced in partnership with David Sawtell of 39 Essex Chambers 8th Jan
Q&As
The Enterprise Act 2002, section 94(4)As part of the Enterprise Act 2002 (EnA 2002), the Competition and Markets Authority may accept enforcement...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Q&As
Laches is an equitable doctrine, and as a general rule acts as an equitable bar to equitable claims. In other words, it acts as a limitation of...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan
Q&As
The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA 1980). That provision has been described as...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan
Q&As
This scenario refers to a debt which has been paid outside of litigation (not in response to a court order) and not in response to a full and final...
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Produced in partnership with Philip Roberts of Clarke Willmott LLP 8th Jan
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 8th Jan
Q&As
Under section 24(1) of the Limitation Act 1980 (LA 1980), an action shall not be brought upon any judgment after the expiration of six years from the...
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5th Jan
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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23rd Dec
Q&As
A contract term which excludes or limits liability is subject to both statutory and common law controls. A different regime is in place for contracts...
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6th 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 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
Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application....
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28th Nov
Q&As
In this Q&A we have limited our research to cover limitation periods in respect of agreements and assume a contractual agreement by which A has loaned...
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28th Nov
Q&As
Landlord and Tenant Act 1954There does not appear to be specific authority on whether the reference to 'other relevant statute' in CPR PD7A, para 5.1...
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28th Nov
Q&As
Limitation periods for claims in tortA negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by...
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28th Nov
Q&As
Checking the limitation periodFirstly you need to check if your claim is actually statute barred. You will need to consider the limitation period that...
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28th Nov

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