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CCL - When does time stand still for the purpose of the Limitation Act 1980

CCL - When does time stand still for the purpose of the Limitation Act 1980

Dr Laurence Emmett KC Section 32 of the Limitation Act 1980 looks, at first glance, more than just a little dry: it is concerned with the extension of the limitation period in cases of “fraud, concealment or mistake”. And yet, having lain unconsidered for many years, section 32 has recently been the subject of a series of decisions by the Supreme Court (e.g. FII Group Litigation [2020] UKSC 47; [2022] AC 1) and the Court of Appeal (e.g. OT Computers Ltd v Infineon [2021] EWCA Civ 501; [2021] QB 1183 and Gemalto Holdings v Infineon [2022] EWCA Civ 782). What is going on? Do these cases matter? This paper argues yes. At a detailed level, they pose questions about what a claim is and how a statute should be interpreted. At a high level, they tell us something about where civil justice stands and where it is heading; and they invite us to ask what it is for.


Event details

Dr Laurence Emmett KC

Section 32 of the Limitation Act 1980 looks, at first glance, more than just a little dry: it is concerned with the extension of the limitation period in cases of “fraud, concealment or mistake”. And yet, having lain unconsidered for many years, section 32 has recently been the subject of a series of decisions by the Supreme Court (e.g. FII Group Litigation [2020] UKSC 47; [2022] AC 1) and the Court of Appeal (e.g. OT Computers Ltd v Infineon [2021] EWCA Civ 501; [2021] QB 1183 and Gemalto Holdings v Infineon [2022] EWCA Civ 782). What is going on? Do these cases matter?

This paper argues yes. At a detailed level, they pose questions about what a claim is and how a statute should be interpreted. At a high level, they tell us something about where civil justice stands and where it is heading; and they invite us to ask what it is for.

Bio

Dr Laurence Emmett KC is a barrister at One Essex Court, a leading set of barristers' chambers, specialising in commercial disputes. His experience covers issues of contractual interpretation, jurisdiction and the enforcement of judgments and injunctive relief. He has particular experience in the energy industry (including hydrocarbon-based and renewable resources), banking and finance and the pharmaceutical industry. Beyond our core practice areas, Laurence has particular interest and experience in fine art disputes. He was appointed KC in 2021 and is an experienced trial advocate. Laurence completed his doctorate at the University of Oxford.

 

Please note that this event can also be joined remotely, using zoom:

Online Hybrid Details:

https://Universityofexeter.zoom.us/j/99564588125?pwd=Z01wcFhpcjBZZXc4Ti8vK2tWNjkzZz09 

Meeting ID: 995 6458 8125
Password: 561573 

Location:

Newman Green LT (E)