D - Date claim brought
20/12/18
CARR v FORMATION GROUP PLC [2018] EWHC 3575
Considers the level of detail required to be included in a claim form to stop time running for the purposes of limitation. Details of any relevant contract must be given for a claim in contract and details of the essential acts or omissions constituting alleged breaches of duty or negligence. If the essential elements are set out, it is not necessary to identify the legal basis of the claim by naming the cause of action and the court can consider relevant background. For a claim in dishonest assistance, it is necessary for the claim form to state that the defendant acted dishonestly.
1/6/15
SANDS v SINGH [2015] EWHC 2219 (Ch)
Trustees in bankruptcy delivered an application for sale of the bankrupt’s home to the court two days before expiry of the three-year ‘use it or lose it’ period under s 283A Insolvency Act 1986. Delays in the court office caused the application to be issued some weeks after the period had expired. Applying CPR PD 7A.5.1 and CPR 23.5, the application was treated as brought on the date it was received by the court.
20/9/13
PAGE v HEWETTS SOLICITORS [2013] EWHC 2845 (Ch)
A claim for secret profits was not brought within the limitation period because the request to the court to issue the claim had not been accompanied by the correct court fee.
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