Lately, I have been quite busy and haven’t managed to write a new article. However, this week I have two preliminary hearings concerning liability — one for a personal injury case and the other related to a mortgage.
The personal injury case concerns a matter that the Claimant claims exited the OIC, and therefore a N1 Claim Form was taken to the local court to be deemed ‘received’ to be brought within the meaning of PD27A. The Defendant raised the limitation defence, arguing that it was ‘served’ out of time and that the claim should have remained in the OIC portal. I am acting for the Claiamnt.
The mortgage case concerns a divorce where a husband and wife sold the property afterwards. The final order granted the remaining equity to the wife and the debt to the husband. After more than 12 years, proceedings were issued. It is claimed that the husband acknowledged the debt during a phone call, though he denies making such a call. The mortgage company contends that this acknowledgement, under s29, reset the limitation period. The husband contends that a telephone attendance note cannot amount to an acknowledgement of the debt. I am acting for the Defendant husband.
As I am unable to write anything new, please find links to previous limitation posts:-
- Limitation in Personal Injury – Tips and Tricks
- Limitation Defence in Personal Injury – the clue is in the name
- Setting aside Notice of Discontinuance – Think before you attempt to ‘pull the sword out’ in a personal injury case
Information
AJH Advocacy Limited, a Limited Company which is regulated by the Bar Standards Boards (entity number 190758), ceases trading on the 12th January 2026.
From the 12th January 2026 and onwards, Alec Hancock will practice as a Barrister at Magdalen Chambers in Exeter. For instructions on matters on or after 12th January 2026, please contact Magdalen Chambers via clerks@magdalenchambers.co.uk or by telephone on 01392 285 200.