Continue reading "Burden Of Proof: Pleading limitation"
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 …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- A v Hoare [2008] UKHL 6
- Crocker v British Coal Corp (1996) 29 BMLR 159
- KR & ors v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 85; [2003] EWCA Civ 783
- Nash v Eli Lilly & Co [1993] 1 WLR 782
- Ronex Properties Ltd v John Laing Construction Ltd [1983] 1 QB 398
- Spargo v North Essex District Health Authority [1997] PIQR P235