Source: All England Reporter
Publisher Citation: [2004] All ER (D) 38 (Jul)
Court: Chancery Division
Judge:

Lindsay J

Representation Christopher Brougham QC and Jeremy Goldring (instructed by Edwin Coe) for the claimant.
  Pushpinder Saini (instructed by Clyde & Co) for the defendants.
Judgment Dates: 29 June 2004

Catchwords

Limitation of actions - Limitation period - Time from which period runs - Human rights claim - Date on which act took place - Failure to bring proceedings within time limit - Claimants contending acts of defendants continuing acts - s 7(5).

The Case

In proceedings which related to the defendants' application for summary judgment in respect of the human rights aspect of a claim brought by individual shareholders in Railtrack plc, balancing all the competing factors it was appropriate to retrospectively extend time pursuant to s7(5)(b) of the in order to validate the claim.

Practice Areas

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