Limitation Periods 8th ed
Published: June 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its eighth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings.
The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.
Since the 7th edition in 2014 the law has continued to develop in a number of important areas. Coverage in the new edition includes:
- Grant v Hayes & Butters on the definition of 'cause of action'.
- Regional Court in Poznan (Poland) v Czubala on the time limits for giving of notices of appeal by public bodies against discharges from extradition proceedings under Pt 1 of the Extradition Act 2003.
Accrual of Cause of Action:-
- Maharaj v Johnson and Escott v Tunbridge Wells BC on continuing torts and the date from which time runs.
- Jacobs v Sesame Ltd on the question of the starting date in claims for investment misselling.
Discretionary Extension of Time:-
- Collins v Secretary of State for Business Innovation and Skills on the question of the proper approach to discretionary extension of time under s.33.
- The Small Business Enterprise and Employment Act 2015 s.108 increases the limitation period for a directors' disqualification application from two years to three.
- Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc on restitutionary claims.
- Les Laboratoires Servier v Apotex on the doctrine of ex turpi causa.
- R. (Best) v Chief Land Registrar on time limitations and criminal trespass.
- Kazakhstan Kagazy Plc v Baglan Abdullayevich Zhunus on Pt 36 Offers.
- Several cases on the possible application of estoppel in a limitation context.
- Al-Rawas v Hassan Khan on s.35.
- Several cases on the question of what is of a new cause of action and whether a new cause of action arises out of the same facts as a previous cause of action.
- Godfrey Morgan Solicitors (a firm) v Armes on the addition of a new party outside the limitation period.
- Dawson v Thomson Airways Ltd on the limitation period applicable to a claim under Regulation 261/2004, which gave effect to some of the requirements on the Montreal convention.
- Trustees of the BT Pension Scheme v Revenue and Customs Commissioners on the operation of EU principles of equivalence in relation to limitation periods.
Additionally, the new edition:-
- Provides guidance on time limitations in all areas of law, from preliminary issues to proceedings.
- In a notoriously complex and confusing area of law - with over 150 statutory time limits appropriate to specific causes of action - this time-proven title cuts through the complexity to focus on what you need to know, saving you research and planning time.
- Tells when time starts to run, how long the limitation period is, and the consequences of expiry in differing circumstances - therefore helps the practitioner manage casework so that actions are begun within the required period.
- Although with the expiry of the limitation period the conventional remedy is barred, the plaintiff's right is not extinguished. The book points out the options still available on expiry and the many exceptions to the rules that may apply.
- The chapters are arranged so that actions in different areas of law are dealt with separately. The chapter on Disability, for example, explains the disabilities covered and the protections provided for the running (and stopping) of limitation periods for such persons.
- All procedural matters are covered, with separate chapters on, for example, Pleading Questions (examining the issues arising from the pleading of a limitation point: how and when to plead, burden of proof, foregoing the statute, estoppel, etc.) and Procedural Delays.
- Analyses the judgments in new case law and explains the implications for future actions and decisions.
- Important cases covered include: personal injury cases like the Atomic Veterans case and the overruling of Stubbings v Webb; the ECHR decision in Pye v United Kingdom; the overruling of Walkley v Precision Forgings Ltd; and numerous cases on the interaction of limitation with the Insolvency Act.
- Covers European and international limitation period issues.