Case Report: Chief Constable of Hampshire v Southampton City Council [2014] EWCA Civ 1541

Limitation; Civil Liability (Contribution) Act 1978; date cause of action accrues ‘If in any doubt whatsoever about when limitation expires, assume it expires on the earliest possible date and start proceedings before then.’This case determined a short but important point as to when the limitation period runs (and therefore expires) in respect of a claim …
This post is only available to members.

Burden Of Proof: Pleading limitation

Philip Turton provides practical advice for claimants and defendants ‘In a case where the claimant has not issued proceedings in time, an appropriate paragraph in the defence identifying that fact, and pleading expressly that the claim is statute-barred by s11(4) of the Limitation Act 1980, should be enough to “get the ball into play”.’The expiry …
This post is only available to members.

Financial Services: Let’s get together

Michael Isaacs looks at how collective consumer claims may work under the enhanced powers given to the FSA in October 2010 by the Financial Services Act 2010 ‘The government view is that the best approach is a regulator-led one, on a sector by sector basis, and financial services is the guinea pig. The approach was …
This post is only available to members.