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Limitation Periods

Limitation Periods
9th Edition
Series:  Litigation Library
Practice Area:  Dispute Resolution, Litigation
ISBN:  9780414104044
Published by:  Sweet & Maxwell
Publication Date:  22 Jul 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth 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.
  • 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, such as the Supreme Court judgment in Test Claimants in the Franked Investment Income Group Litigation v Revenue and Customs Commissioners and the Court of Appeal in Matthew v Sedman, and explains the implications for future actions and decisions. 
  • Covers European, including updates following Brexit, and international limitation period issues.

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CONTENTS

  1. Definition, Background and Policy
  2. The Running and Expiry of Time
  3. The Relevance of the Remedy
  4. Categorisation
  5. Actions Founded on Tort
  6. The Latent Damage Act 1986
  7. The Consumer Protection Act 1987
  8. Personal Injuries and Defamation
  9. Judicial Review and Other Crown Proceedings
  10. Accrual of Cause of Action in Contract
  11. Actions to Recover Sums Due Under Statute
  12. Personal Property
  13. Real Property
  14. Trustees and Personal Representatives
  15. Contribution
  16. Arbitration
  17. Miscellaneous Cases
  18. Acknowledgment and Part-payment
  19. Disability
  20. Fraud, Concealment and Mistake
  21. Pleading Questions
  22. Procedural Delays
  23. Section 35
  24. The Merchant Shipping Act 1995
  25. The Foreign Limitation Periods Act 1984
  26. The Carriage Statutes
  27. Other Statutes
  28. European Law

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