| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 267 (Jun) |
| Neutral Citation: | [2004] EWCA Civ 793 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Potter, Keene LJJ and Cresswell J |
| Representation | Richard Glover (instructed by Allen & Overy) for the claimant. |
| Neil Cameron (instructed by Watmores) for the defendant. | |
| Judgment Dates: | 24 June 2004 |
Catchwords
Limitation of actions - Limitation period - Expiry - Estoppel by convention - Estoppel by representation - Damage to property - Construction of Jubilee line extension - Land Clauses Consolidation Act 1845, s 63.
The Case
In the instant case the defendant had been entitled to rely on the as a defence to a claim for injurious affection. The claimant had failed to provide sufficient evidence to supports its contention that the defendant was estopped from relying on the Act or had waived its right to do so.
Practice Areas
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