Limitation Act 1980

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JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on the trial of a probate claim, commenced by claim form issued on 29 September 2020. The claimant is one of the two sons by his first marriage of the deceased, Ivor Percy James, who died on 21 June 2010. His will dated 6 March …

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Sleight v Callin [2021] WTLR 1147

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JUDGMENT HHJ KLEIN: [1] Charles Edward Holroyd (‘Mr Holroyd’) died on 8 May 2009, leaving alive wife and a daughter, the Defendant (‘Mrs Callin’). According to Mrs Callin, during his lifetime Mr Holroyd had been a successful businessman. He had trained as a chartered accountant but then took over the running of his family’s businesses, …

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Matthew & ors v Sedman & ors WTLR(w) 2022-07

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JUDGMENT LORD STEPHENS: (with whom Lord Hodge, Lady Arden, Lord Sales and Lord Burrows agree) Introduction [1] This appeal relates to the calculation of the limitation period in respect of causes of action which accrued at, or on the expiry of, the midnight hour at the end of Thursday 2 June 2011. The respondents contend …

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Ali v Khatib & ors [2022] WTLR 811

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JUDGMENT LADY JUSTICE ASPLIN: [1] This appeal raises issues in relation to when occupation rent is payable and the circumstances in which new points can be argued on appeal. Background [2] The issues arise in the context of a long-running family dispute about the administration of the estate of Mrs Fateh Bibi (‘Mrs Bibi’) and, …

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Orb A.R.L & ors v Ruhan & ors [2022] WTLR 1049

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JUDGMENT COOKE J: The claimants’ applications [1] The claimants seek permission to amend the Claim Form and Particulars of Claim and to add four further defendants in addition to the original defendant Mr Ruhan. They further seek permission to serve the prospective second-fifth defendants out of the jurisdiction and a proprietary injunction against those defendants …

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Thakare & ors v Bhusate [2020] WTLR 691

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JUDGMENT MR EDWIN JOHNSON QC: Introduction [1] This is an appeal against a decision of Chief Master Marsh to grant permission for the making of a claim, out of time, pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). [2] The claim concerns the estate of Mr. Kashinath Vithoba Bhusate …

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Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

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JUDGMENT HHJ KEYSER QC: Introduction [1]Wynne Evans (Wynne) was a farm worker. His entire working life from the age of 14 was spent in the service of the proprietors of the farm known as Cefnbarrach, Trefeglwys, Caersws – latterly the defendants, Mr David Lloyd (David) and his wife Mrs Elizabeth Lloyd, and before that David’s …

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Lane v Cullens Solicitors & ors [2011] EWCA Civ 547

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Judgment LORD JUSTICE LLOYD: [1] This appeal raises again the question when a cause of action in tort arose, being a claim in negligence against solicitors. His Honour Judge Mackie QC. sitting in the London Mercantile Court held that the claimant’s cause of action had arisen more than six years before the issue of the …

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James v Scudamore & ors [2023] WTLR 961

Sleight v Callin [2021] WTLR 1147

Matthew & ors v Sedman & ors WTLR(w) 2022-07

Ali v Khatib & ors [2022] WTLR 811

Orb A.R.L & ors v Ruhan & ors [2022] WTLR 1049

Thakare & ors v Bhusate [2020] WTLR 691

Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Lane v Cullens Solicitors & ors [2011] EWCA Civ 547