Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Default Statute of limitations

    Could anyone please tell me what this paragraph is from?


    c) The Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then the Claimant contends that the Defendant is mistaken. As the Claimant only became aware during February 2006 that the charges debited were unlawful, then section 32(1 Xb), or section 32(1 )(c), of the limitation acticon 1980 should apply, and the charges debited are therefore within the primary limitation period.
    Thanks

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  2. #2
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    Default Re: Statute of limitations

    Well it looks like a POCicon or response to defence talking about claiming OVER the 6 year limit.

    Here's the section in full
    Quote Originally Posted by 32 Postponement of limitation period in case of fraud, concealment or
    mistake
    (1) Subject to subsections (3) and (4A) below, where in the case of any
    action for which a period of limitation is prescribed by this Act,
    either--
    (a) the action is based upon the fraud of the defendant; or
    (b) any fact relevant to the plaintiff's right of action has
    been deliberately concealed from him by the defendant;
    or
    (c) the action is for relief from the consequences of a
    mistake;
    439
    the period of limitation shall not begin to run until the plaintiff has
    discovered the fraud, concealment or mistake (as the case may be)
    or could with reasonable diligence have discovered it.
    References in this subsection to the defendant include references to
    the defendant’s agent and to any person through whom the
    defendant claims and his agent.
    The whole Act is here: http://www.lawcom.gov.uk/docs/cp151apa.pdf

    Be VERY careful whose advice you listen too
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  3. #3
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    Default Re: Statute of limitations

    Thank you


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    Default Re: Statute of limitations

    No problem

    Be VERY careful whose advice you listen too
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