Limitation
written by:
hsu5680
The Marketplace to Buy and Sell your Study Material
Buy and sell all your summaries, notes, theses, essays, papers, cases, manuals, researches, and
many more..
www.stuvia.com
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
Limitation
A. LIMITATION PERIOD
1. Cases outside of Limitation Act
Claims that are outside of provisions of LA 1980 – NOT subject to strict period of
limitation
But may be subject to time limit by analogy to the LA 1980 or Defences of Laches &
Acquiescence.
Even if there is no limitation period, court may still strike out proceedings for abuse of
proceedings. – taking into account
i. Court exercising supervisory powers @ hearing
ii. Public interest in efficient admin of justice
iii. Compliance with court orders & undertakings
2. Trust and Equity Claims
Examples:
a) Thorne v Heard
– Trustee negligently left trust money with solicitor who then embezzled it.
Solicitor was not held liable for fraud – entitled to rely on Limitation defence
after 6 years.
b) Gwembe Valley Development Co Ltd v Koshy
- Claim for an account of profits against director following a deliberate non-
disclosure of interest = no limitation period (breach of trust was fraudulent
if it was dishonest)
3. Personal injury claims
‘personal injury’ describes the nature of damage caused by a breach, not the cause
of action.
S11(4) LA 1980, basic limitation period = 3 years
Example: (intentional assault)
a) Stubbings v Webb
- Intentional trespass governed by 6 yr limitation period frm date of assault
for general tort claims – s2 LA 1980
- Means that Date of knowledge & Discretion doesn’t apply, thus unjust result.
- Being overruled by A v Hoare
b) A v Hoare
- Departed from Stubbings v Webb
- Intentional trespass is now a claim for damages for breach of duty and
limitation is 3 years, subject to court’s discretion to extend under s33 LA
- S14 and s33 LA now applies to ALL personal injury claims.
Further examples of Personal Injury claims:
a) Negligent failure by Education authority to improve consequences of D’s
Dyslexia by appropriate teaching
b) Negligent failure to treat physical injury
c) Professional negligence by solicitor in handling divorce ancillary relief – causing
anxiety & distress
written by:
hsu5680
The Marketplace to Buy and Sell your Study Material
Buy and sell all your summaries, notes, theses, essays, papers, cases, manuals, researches, and
many more..
www.stuvia.com
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
Limitation
A. LIMITATION PERIOD
1. Cases outside of Limitation Act
Claims that are outside of provisions of LA 1980 – NOT subject to strict period of
limitation
But may be subject to time limit by analogy to the LA 1980 or Defences of Laches &
Acquiescence.
Even if there is no limitation period, court may still strike out proceedings for abuse of
proceedings. – taking into account
i. Court exercising supervisory powers @ hearing
ii. Public interest in efficient admin of justice
iii. Compliance with court orders & undertakings
2. Trust and Equity Claims
Examples:
a) Thorne v Heard
– Trustee negligently left trust money with solicitor who then embezzled it.
Solicitor was not held liable for fraud – entitled to rely on Limitation defence
after 6 years.
b) Gwembe Valley Development Co Ltd v Koshy
- Claim for an account of profits against director following a deliberate non-
disclosure of interest = no limitation period (breach of trust was fraudulent
if it was dishonest)
3. Personal injury claims
‘personal injury’ describes the nature of damage caused by a breach, not the cause
of action.
S11(4) LA 1980, basic limitation period = 3 years
Example: (intentional assault)
a) Stubbings v Webb
- Intentional trespass governed by 6 yr limitation period frm date of assault
for general tort claims – s2 LA 1980
- Means that Date of knowledge & Discretion doesn’t apply, thus unjust result.
- Being overruled by A v Hoare
b) A v Hoare
- Departed from Stubbings v Webb
- Intentional trespass is now a claim for damages for breach of duty and
limitation is 3 years, subject to court’s discretion to extend under s33 LA
- S14 and s33 LA now applies to ALL personal injury claims.
Further examples of Personal Injury claims:
a) Negligent failure by Education authority to improve consequences of D’s
Dyslexia by appropriate teaching
b) Negligent failure to treat physical injury
c) Professional negligence by solicitor in handling divorce ancillary relief – causing
anxiety & distress
