Source: All England Reporter
Publisher Citation: [2012] All ER (D) 355 (Oct)
Neutral Citation: [2012] EWCA Civ 1959
Court: Court of Appeal, Civil Division

Rix, Moore-Bick and Lewison LJJ

Representation William Buck (instructed by Ford & Warren, Leeds) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 10 October 2012


Limitation of action - When time begins to run - Accrual of cause of action - Defendant taking car from claimant on hire purchase - Defendant failing to make payments and claimant issuing termination notice - Claimant commencing proceedings and obtaining judgment in default - Defendant applying to set aside judgment on ground proceedings issued out of time - Defendant's application being successful - Claimant appealing - Whether judge erring.

The Case

Limitation of action When time begins to run. The defendant had taken a car from the defendant under a hire purchase agreement. He failed to make the payments and the defendant served a termination notice. Ultimately, the claimant issued proceedings seeking the outstanding sums due and obtained judgment in default against the defendant. The defendant's application to set that judgment aside was successful on the basis that it was time barred. The Court of Appeal, Civil Division, allowed the claimant's appeal on the ground that time had begun to run on service of the notice of termination and not from the claimant's first failure to pay, therefore the claim had been brought within time.

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