LIMITATION OF ACTIONS (HB 1998)

This work is an analysis of the law relating to limitation of actions. The authors have approached this work by setting out general matters such as the relationship between statutes of limitation and equitable principles on the matter of delay in instituting proceedings the generalities of accrual of a cause of action and the relationship between limitation periods and rules of pleading and procedures. The bulk of the text sets out the particular difficulties encountered in particular areas of civil litigation. For these purposes it includes specific sections on contracts and commercial law, tort, restitutionary claims and actions in respect of real and personal property. While these four broad areas cover the majority of limitation issues, the problem with the subject generally is that there is such a diverse range of statutory limitation periods that there are some limitations upon a legal remedy which do not readily fall into the four categories referred to above and are dealt with separately. Finally, it analyses the issues arising from the burgeoning case law on the matter of prevention, extension and postponement of limitation periods

David Oughton is a Professor of Commercial Law, De Montfort University, Leicester

John Lowry is a Professor of Law at University College London.

Robert Merkin is a Professor of Commercial Law at Exeter University.