Limitation Periods. Ninth edition

BOOK REVIEW

LIMITATION PERIODS
Ninth Edition

By Andrew McGee

ISBN: 978 0 414 10404 4

SWEET & MAXWELL/THOMSON REUTERS
Litigation Library

www.sweetandmaxwell.co.uk


WHEN TIME IS THE LIMIT -- NOTE THIS
DEFINITIVE WORK OF REFERENCE ON LIMITATION PERIODS... OUT NOW IN A NEW NINTH EDTION


An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”


While time is infinite, human life isn’t. It is not surprising therefore, that the concept of limitation periods -- the title of this long-established law text -- has evolved. Neither is it surprising that the concept of time limitation looms large across virtually all areas of law.

This then is a subject that is wide-ranging yet specific; simple yet, in any number of cases, bewilderingly complex. It’s safe to say then, that lawyers everywhere will welcome this new ninth edition of “Limitation Periods” by Andrew McGee. Its long publishing history (32 years) is ample testament to its authority and reliability, as it covers, in both breadth and depth, the intricacies of this important subject which of course inevitably impacts on all areas of law.

‘The law of limitations,’ says the author, ‘may be divided into three questions’ namely: (1) When does the time start to run? (2) How long is the limitation period? And (3) What happens when the time expires?

Depending on the nature of the case, the answers to questions such as these can be astoundingly complex, hence the necessity for the practitioner to run off and order this book. As the author explains, the basis of the cause of action (in a particular case) is that ‘time may start to run out at different points in different types of actions.’ Complicated? Yes, very. But if you are a practitioner with this book to hand, that which was previously obscure should ultimately become clear.

The book is divided into twenty-eight chapters covering such subject areas as, for example, personal injury and defamation... personal property... real property... arbitration... pleading questions... procedural delays... fault, concealment, and mistake... and much more, including at the end, a chapter on European law.

The author points out in effect, that the definition of a ‘limitation period’ is to a degree, flexible, although ‘for present purposes’ a limitation period is construed as including any provision which specifies a time limit within which legal proceedings of a particular kind may be brought... within which, notice of a claim or dispute must be given to another party.’ Earlier texts apparently, have arrived at a slightly different definition. But in essence, the author states that a book aimed at ‘busy practitioners’ needs to consider ‘any possible statutory time limit’

The point is also made that current concepts of time limitation will inevitably change with time. As old difficulties are removed, new ones replace them, often in response to social, or technological change, with the Internet for example, initiating the most spectacular changes of all. Another example is land registration which ‘pushes old conveyancing law further into the background to be replaced by new rules.’

For the ‘busy practitioner’ this new ninth edition of “Limitation Periods” from publishers Sweet & Maxwell will certainly present an erudite, helpfully detailed, and meticulous approach to this challenging and continually evolving area of law.

The law is stated as of 1st March 2022. This ninth edition was published on 22nd July 2022.