The Law of Limitation

by Prime, Terence; Scanlan, Gary

• ISBN13: 9781841741864
• ISBN10: 1841741868
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-11-07
• Publisher: Blackstone Press

Summary

The Law of Limitation offers a comprehsive analysis of the impact of periods of limitation on civil litigation in England and Wales. It examines the individual periods of limitation prescribed by the Limitation Act 1980 (as amended) in respect of specific causes of action and concludes with a discussion of the principal statutory limitation periods other than those governed by the 1980 Act. The book also contains an Appendix of useful precedents

Table of Contents

Preface	ix
Table of Cases	xi
Table of Statutes	xxxiii
Table of Statutory Instruments	xli
Introduction and Basic Principles	1	(41)
Definition
Characteristics
Recent history
Introduction to the Limitation Act 1980
Basic principles of limitation
Substantive time limits
The concept of the cause of action
Consecutive cause of action
Concurrent causes of action
Problems of classification of causes of action
Once statute barred, always statute barred
Effect of repeal of limitation provisions
Restrictions on the claimant's right to sue
Contracting out of limitation
Connection with procedural controls on claims once commenced
The future
The Running of Time and the Commencement of Proceedings	42
Introduction
The commencement of proceedings
Computation of time
Suspension of running of time
Dual capacity
Effect of expiration of a limitation period
Acknowledgement and part payment: acknowledgement
Acknowledgement and part payment: part payment
The Law Commission's recommendations