Law of Limitation

This much-awaited practical compendium on the subject of limitation will greatly assist practitioners in all fields of civil litigation. The topic is set in the fullest possible context, with thorough coverage of the commonly arising matters in tort and contract, supplemented by expert and fine-tuned analysis of a wide range specialist frameworks. Insolvency, company law, and arbitration are among the more rarely discussed practical contexts presented here. Analysis of statutory limitation under the Limitation Act 1980 and a range of other intersecting statutes (including The Merchant Shipping Act; The Foreign Limitation Periods Act; International Transport Conventions; and contractual or other time bars) is brought together under one volume, edited by a renowned specialist in the field.

Part I begins with a brief historical introduction to the subject of limitation before taking the reader through the general categories of claim, in tort (personal injury, defective products, personal property; defamation and fatal accidents), in contract, in real and personal property, and in many of the most common areas. Factors postponing or extending time are fully discussed in the Part II. Specialist contexts including banking, the administration of estates, employment and discrimination, companies, insolvency, and arbitration are covered in Part III. Transecting statutory regimes which impact upon limitation in a domestic or international context are the subject of Part IV. The book concludes with procedural advice for pleading a defence of limitation, drafting statements of case, and understanding the relationship with the Civil Procedure Rules. The Limitation Act 1980 is provided in full along with other relevant provisions.

List of contents

• Introduction


• 1: Henry Stevens and Daisy Brown: Background (including Historical Introduction)


• 2: Henry Stevens and Daisy Brown: Calculating Time


• Statutory limitation and general categories of claim


• 3: Adrian Palmer QC and John Virgo: Claims in Tort: General Principles


• 4: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Personal Injury


• 5: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Fatal Accidents Act


• 6: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Defective Products


• 7: Adrian Palmer QC: Claims in Tort: Defamation and Malicious Falsehood


• 8: Adrian Palmer QC, Julian Benson and Oliver Moore: Claims in Tort: Exclusion of Time Limit in Personal Injury Cases


• 9: Adrian Palmer QC and John Virgo: Claims in Tort: Extending Time in Property Damage and Financial Loss Cases


• 10: Ross Fentem and Holly Doyle: Claims for Breach of Contract


• 11: Neil Levy, Gerard McMeel and Nicholas Briggs: Claims in Unjust Enrichment and Restitution


• 12: Raj Sahonte and Simon Passfield: Equitable Claims and Laches


• 13: John Virgo: Claims under Statute


• 14: Gerard McMeel and Nicholas Briggs: Claims in Respect of Personal Property


• 15: George Newsom, Ewan Paton and Michael Selway: Claims in Respect of Real Property: General


• 16: George Newsom, Raj Sahonte and Michael Selway: Claims in Respect of Real Property: Mortgages and Charges


• 17: Simon Passfield and Holly Doyle: Claims for Contribution and Indemnity


• 18: Kerry Barker: Claims in Public Law: Judicial Review and the Human Rights Act


• FACTORS POSTPONING OR EXTENDING TIME


• 19: George Newsom, Raj Sahonte and Michael Selway: Acknowledgement and Part Payment


• 20: John Virgo and Holly Doyle: Factors Postponing Time (1): Fraud and Deliberate Concealment


• 21: Neil Levy and Gerard McMeel: Factors Postponing Time (2): Claims based on a Mistake


• 22: Adrian Palmer QC, Julian Benson and Oliver Moore: Extending Time: Disability


• LIMITATION IN CONTEXT


• 23: Neil Levy and Ross Fentem: Limitation and Banking: Loans, Overdrafts and Guarantees


• 24: Malcolm Warner: Limitation and the Administration of Estates


• 25: The Guildhall Chambers Employment Team: Limitation : Employment and Discrimination


• 26: Stephen Davies QC, Jeremy Bamford and Daisy Brown: Limitation and Companies: Dissolution, Restoration and other Orders


• 27: Stephen Davies QC, Jeremy Bamford and Stefan Ramel: Limitation and Insolvency


• 28: William Batstone and Gerard McMeel: Limitation and Arbitration


• MISCELLANEOUS REGIMES


• 29: Gerard McMeel: The Merchant Shipping Act


• 30: Stefan Ramel: The Foreign Limitation Periods Act


• 31: Gerard McMeel: International Transport Conventions


• 32: Henry Stevens and Lucy Walker: Other Statutory Limitation Periods


• 33: Gerard McMeel: Contractual and

  About the author

  Gerard McMeel is a Professor of Law at University of Manchester, and a member of Guildhall Chambers, Bristol, as well as a door tenant at Quadrant Chambers in London. He is the author of The Construction of Contracts 2e (OUP, 2011), a co-editor of McMeel and Virgo on Financial Advice and Financial Products 2e Looseleaf (OUP, 2007).
  Guildhall Chambers in Bristol has a national reputation as a leading Barristers Chambers, and specialist teams in Commercial Litigation (including professional negligence); Personal Injury and Clinical Negligence; Insolvency; and Property. Expert practitioners from the Chambers will address the role of limitation in their specialist fields.

  Summary

  A complete practitioner reference text on general limitation in a range of specialist contexts, giving guidance on the defence of limitation and the application of time limits.

Product details

• Authors: Gerard McMeel, Gerard (Barrister Mcmeel
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Release: 15.06.2019, delayed
• EAN: 9780199664856
• ISBN: 978-0-19-966485-6
• No. of pages: 575
• Subjects: Social sciences, law, business > Law > Civil law, civil procedural law; LAW / Civil Procedure, Legal Reference / Law Profession