Limitation Periods

 ......................................................................................................................................
Description
As a limitation specialist I am always conscious of the march of time. 2022 sees another edition of this work and, as always, there have been various important changes.
The Electronic Pilot Working Scheme has made significant changes to the way proceedings are issued. As this method spreads across other areas of the law, some of the old difficulties will be removed, though it seems that others are appearing. Another technological change is the likely advent of driverless vehicles. This has led to new provisions in the 1980 Act.
The further spread of Land Registration pushes old conveyancing law further into the background, to be replaced by the new rules.
Courts continue to struggle with the problems of s.32 on concealment and the notoriously opaque s.35 on new causes of action.
In personal injuries the increasing reluctance to make a decision on extending time without having a full trial seems to me to undermine the intentions of the 1980 Act; but the sensitive issue of what to do about historic sexual abuse cases is driving change in this area. Some North American jurisdictions have enacted special limitation provisions for such cases, and it may be that we shall be driven to follow suit.
Brexit looms large over English law but, as yet, it has not affected limitation as much as some other areas. It may be that in the next few years those parts of Chapter 28 which deal with EU law will see great changes (hypothetically even the UK's adherence to Human Rights Law may change).
There are also changes for me. This has been the year of my retirement from practice at the Bar, though I retain my lifelong interest in the law. I hope to keep this book up to date for many years to come.
The usual thanks are due to the Sweet & Maxwell editorial team for helping me through this process and pointing out errors and places where updating is needed. Finally, I must thank my wife, Judith, and my daughter, Grace, who continue to indulge my interest in this subject. The latter remains a teacher of Classics, but I still cannot get her interested in the Roman and Greek law of limitations.
The law is stated as at 1 March 2022.
......................................................................................................................................
Table of Contents
1. DEFINITION, BACKGROUND AND POLICY
2. THE RUNNING AND EXPIRY OF TIME
3. THE RELEVANCE OF THE REMEDY
4. CATEGORISATION
5 ACTIONS FOUNDED ON TORT
6 THE LATENT DAMAGE ACT
7 THE CONSUMER PROTECTION ACT 1987
8 PERSONAL INJURIES AND DEFAMATION
9 JUDICIAL REVIEW AND OTHER CROWN
10 ACCRUAL OF CAUSE OF ACTION IN CONTRACT
11 ACTIONS TO RECOVER SUMS DUE UNDER STATUTE
12 PERSONAL PROPERTY
13 REAL PROPERTY
14 TRUSTEES AND PERSONAL REPRESENTATIVES
15 CONTRIBUTION
16 ARBITRATION
17 MISCELLANEOUS CASES
18 ACKNOWLEDGMENT AND PART-PAYMENT
20 FRAUD, CONCEALMENT AND MISTAKE
21 PLEADING QUESTION
22 PROCEDURAL DELAYS
23 SECTION
24 THE MERCHANT SHIPPING ACT
25 THE FOREIGN LIMITATION PERIODS ACT
26 THE CARRIAGE STATUTES
27 OTHER STATUTES
28 EUROPEAN LAW
......................................................................................................................................
Author Details
Andrew McGee