Limitation

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  • International Construction Law Update - March 2012 Restricted access

    Newsletter

    Submitted: 05 March 2012

    Welcome to the first edition of the first Simmons & Simmons International Construction newsletter with contributions from several offices within our international network.

  • UK referred to ECJ over mistake of law limitation period Restricted access

    Article

    Submitted: 30 January 2012

    The European Commission has referred the UK to the ECJ over the legality of domestic provisions limiting claims for repayment of tax based on mistake of law.

  • Recovery of overpaid VAT Restricted access

    Article

    Last Reviewed: 06 March 2012 / Submitted: 22 December 2011

    The ECJ has held that it may be incompatible with EU law for time limits for the recovery of overpaid VAT by a supplier to be shorter than the time limits for recovery of that overpaid VAT by a customer from that supplier.

  • Limitation and lost claim forms: Page v Hewetts Restricted access

    Article

    Last Reviewed: 04 November 2011 / Submitted: 04 November 2011

    A recent case looking at the start time for limitation purposes and the interpretation of when a claim is `brought` under CPR PD 7A.

  • Limitation: Renwick & another v Simon and Michael Brooke Architects & others Restricted access

    Article

    Last Reviewed: 13 July 2011 / Submitted: 13 July 2011

    This case provides a helpful analysis of section 14A of the Limitation Act 1980 in an application for summary judgment to dismiss a claim for negligence and breach of contract against structural engineers.

  • Recent decisions on litigation funding and CFAs: Limitation and champerty Restricted access

    Article

    Last Reviewed: 18 April 2011 / Submitted: 18 April 2011

    A review of the 2011 Court of Appeal cases of Bayat v Cecil and Morris v London Borough of Southwark, both of which had to consider the impact of funding arrangements on the proceedings.

  • Substitution after expiry of limitation period: O’Byrne v Aventis Pasteur SA Restricted access

    Article

    Last Reviewed: 09 March 2011 / Submitted: 09 March 2011

    A recent Supreme Court judgment that highlights how highly important it is that consumers identify the correct defendant from the outset of a claim

  • Wrong transaction cases - when is loss suffered? Restricted access

    Article

    Last Reviewed: 25 November 2010 / Submitted: 25 November 2010

    This article examines a recent professional negligence case that required the Court of Appeal to consider limitation periods and the timing of loss.

  • Get it right first time - Roberts v Gill Restricted access

    Article

    Last Reviewed: 25 November 2010 / Submitted: 25 November 2010

    This articles examines a recent case that required the Supreme Court to consider the `special circumstances` exception of section 35 of the Limitation Act 1980.

  • The ECJ has a heart, but will not bend Restricted access

    Article

    Last Reviewed: 06 April 2010 / Submitted: 06 April 2010

    The European Court of Justice holds that while a claimant is out of time to sue the producer of a product, it may sue the supplier who delayed in supplying him with information.

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