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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Law of Limitation

ISBN13: 9780199664856
To be Published: June 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00

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.

Courts and Procedure
1. Background (including Historical Introduction)
2. Calculating Time

3. Claims in Tort: General Principles
4. Claims in Tort: Personal Injury
5. Claims in Tort: Fatal Accidents Act
6. Claims in Tort: Defective Products
7. Claims in Tort: Defamation and Malicious Falsehood
8. Claims in Tort: Exclusion of Time Limit in Personal Injury Cases
9. Claims in Tort: Extending Time in Property Damage and Financial Loss Cases
10. Claims for Breach of Contract
11. Claims in Unjust Enrichment and Restitution
12. Equitable Claims and Laches
13. Claims under Statute
14. Claims in Respect of Personal Property
15. Claims in Respect of Real Property: General
16. Claims in Respect of Real Property: Mortgages and Charges
17. Claims for Contribution and Indemnity
18. Claims in Public Law: Judicial Review and the Human Rights Act

19. Acknowledgement and Part Payment
20. Factors Postponing Time (1): Fraud and Deliberate Concealment
21. Factors Postponing Time (2): Claims based on a Mistake
22. Extending Time: Disability

23. Limitation and Banking: Loans, Overdrafts and Guarantees
24. Limitation and the Administration of Estates
25. Limitation : Employment and Discrimination
26. Limitation and Companies: Dissolution, Restoration and other Orders
27. Limitation and Insolvency
28. Limitation and Arbitration

29. The Merchant Shipping Act
30. The Foreign Limitation Periods Act
31. International Transport Conventions
32. Other Statutory Limitation Periods
33. Contractual and Other Time Bars

34. Practice and Procedure

Limitation Act 1980
Foreign Limitation Periods Act
Relevant Provisions of the Civil Procedure Rules