Leading author on limitation of actions publishes up-to-date guide to this ever-changing area of law
‘There is much by way of light and shade in the contours of the Limitation Act 1980…The purpose of this text is to shine a light on this topic, in ease of those who are called upon to advise on a limitation point.’
From the Preface to this title
With a stream of new decisions relating to the law of limitation, including four significant judgments from the Supreme Court in 2012 and several decisions of the Court of Appeal and High Court in 2013, Bloomsbury Professional are pleased to announce the timely publication of an authoritative text on limitation periods.
Limitation of Actions in England and Wales contains a detailed analysis of the time limits that govern all civil claims in England and Wales: both those contained in the Limitation Act 1980 (as amended) and those contained in other statutory provisions.
An invaluable resource
This brand new title considers all the applicable legal principles and provides a lucid discussion of the issues practitioners may encounter in this arena. Tracing the development of the law over time and its interaction with the underlying causes of action, this text sets the law in context.
Limitation of Actions in England and Wales offers clear and practical answers to the host of limitation questions which may arise. It also includes a helpful Table of Limitation Periods for ease of reference for the busy practitioner.
This is the first text to discuss the law on adverse possession, as amended in 2012, criminalising squatting in a residential property and thus indirectly affecting the law on the civil consequences of squatting.
A wealth of legislation and case law
Limitation of Actions in England and Wales covers the following key legislation:
• Limitation Act 1980
• Foreign Limitation Periods Act 1984
• Latent Damage Act 1986
• Consumer Protection Act 1987
• Merchant Shipping Act 1995
• Arbitration Act 1996
• Defamation Act 1996
• Proceeds of Crime Act 2002
• Land Registration Act 2002
• Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Rome I Regulation & Rome II Regulation
• Civil Procedure Rules
The recent case law featured in this book includes:
• AB v Ministry of Defence (date of knowledge – army veterans claims)
• Franked Investment Income Group Litigation (claims for refunds of overpaid taxes)
• BCL Old Co Ltd v BASF plc (competition law time limits)
• Birmingham City Council v Abdulla (employment law time limits)
Court of Appeal:
• Central Bank of Nigeria v Williams (dishonest assistance)
• Page v Hewetts Solicitors (mislaid court form)
• Joddrell v Peaktone Ltd (Companies Act 2006 – effect of restoration of company)
• Parshall v Hackney (effect of erroneous registration by Land Registry)
• Sayers v Lord Chelwood (personal injuries actions and the s 33 discretion)
The book also refers to the significant volume of High Court decisions on limitation issues up to and including 2013, with several recent decisions on adverse possession relating to registered land, amendment of pleadings outside the limitation period, solicitors’ negligence, economic loss and personal injuries actions.
Who should buy this book?
Limitation of Actions in England and Wales is an essential purchase for solicitors, barristers in civil practice, in-house lawyers and all other legal advisers, local authorities and law students.
About the author
Martin Canny BCL (Int), LLM (Comm Law), Barrister-at-Law of King’s Inns, Dublin and Middle Temple, London is a practising barrister with a chancery, commercial and common law practice. He is the author of the leading Irish textbook Limitation of Actions, which published in 2010.
ISBN: 978 1 78043 335 6 Pub date: July 2013 Format: Hardback
Price: £175 Extent: 456pp