I'm sure this has been covered 1000 times but thought I'd get your points of view on this.
The basic rule is that a claim in tort or in simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
“Cause of Action” has been defined as “every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court”.
Read v Brown (1888) 22 QBD 128 at 131.
The cause of action whether in tort or contract arises regardless of
whether or not the Claimant could have known about the damage. (being financial damage)
So wouldn't that be the at the point of your first request for the charges to be returned, at that point you then have 6 years to claim in a court of law.
Cause of action - Read v Brown (1888) 22 QBD 128 at 131.
The cause of action whether in tort or contract arises regardless of whether or not the Claimant could have known about the damage - Pirelli General Cable Works Ltd v Oscar Faber & Ptns [1983] 2 AC 1,
There is no general statutory provision for the extension of time in contract cases when the breach is not immediately discoverable. This is subject to only limited exceptions for cases of :
* Deliberate concealment of a fact relevant to the Claimant’s right of action will there be an extension of time. - Limitation Act 1980 s.32(1)(b))
Although the banks are not deliberately concealing anything are they :rolleyes:
The basic rule is that a claim in tort or in simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
“Cause of Action” has been defined as “every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court”.
Read v Brown (1888) 22 QBD 128 at 131.
The cause of action whether in tort or contract arises regardless of
whether or not the Claimant could have known about the damage. (being financial damage)
So wouldn't that be the at the point of your first request for the charges to be returned, at that point you then have 6 years to claim in a court of law.
Cause of action - Read v Brown (1888) 22 QBD 128 at 131.
The cause of action whether in tort or contract arises regardless of whether or not the Claimant could have known about the damage - Pirelli General Cable Works Ltd v Oscar Faber & Ptns [1983] 2 AC 1,
There is no general statutory provision for the extension of time in contract cases when the breach is not immediately discoverable. This is subject to only limited exceptions for cases of :
* Deliberate concealment of a fact relevant to the Claimant’s right of action will there be an extension of time. - Limitation Act 1980 s.32(1)(b))
Although the banks are not deliberately concealing anything are they :rolleyes:
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