The Law of Limitation

A complete practitioner reference text on general limitation in a range of specialist contexts, giving guidance on the defence of limitation and the application of time limits.

This much-awaited practical compendium on the subject of limitation will greatly assist practitioners in all fields of civil litigation. The topic is set in the fullest possible context, with thorough coverage of the commonly arising matters in tort and contract, supplemented by expert and fine-tuned analysis of a wide range specialist frameworks. Insolvency, company law, and arbitration are among the more rarely discussed practical contexts presented here. Analysis of statutory limitation under the Limitation Act 1980 and a range of other intersecting statutes (including The Merchant Shipping Act; The Foreign Limitation Periods Act; International Transport Conventions; and contractual or other time bars) is brought together under one volume, edited by a renowned specialist in the field. Part I begins with a brief historical introduction to the subject of limitation before taking the reader through the general categories of claim, in tort (personal injury, defective products, personal property; defamation and fatal accidents), in contract, in real and personal property, and in many of the most common areas. Factors postponing or extending time are fully discussed in the Part II. Specialist contexts including banking, the administration of estates, employment and discrimination, companies, insolvency, and arbitration are covered in Part III. Transecting statutory regimes which impact upon limitation in a domestic or international context are the subject of Part IV. The book concludes with procedural advice for pleading a defence of limitation, drafting statements of case, and understanding the relationship with the Civil Procedure Rules. The Limitation Act 1980 is provided in full along with other relevant provisions.