| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 31 (Oct) |
| Court: | Chancery Division |
| Judge: | John Jarvis QC sitting as a deputy judge of the High Court |
| Representation | John Briggs (instructed by Brooke North, Leeds) for the claimant. |
| Stuart Adair (instructed by Radcliffes) for the defendant. | |
| Judgment Dates: | 3 October 2001 |
Catchwords
Limitation of action - Bankruptcy proceedings - Preliminary issue - Claim for return of monies due under loan agreement - Claimant contending that cause of action suspended during period of bankruptcy - Whether claim statute-barred - s 5 - s 281(3).
The Case
On the hearing of a preliminary issue as to whether the claimant's cause of action was statute-barred, the court held that the time on the cause of action began to run before the adjudication of the defendant's bankruptcy and, accordingly, the claim for monies due under the terms of a loan agreement was statute-barred under s5 of the .
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