Ross v McGrath [2004] EWCA Civ 1054 (14 July 2004)

Ross v McGrath [2004] EWCA Civ 1054 (14 July 2004)

The letter of 1 May 1996, when read as a whole and in its context, constitutes an acknowledgment of liability for the specific debts claimed, with any reservation only as to the precise amounts owed, not as to the existence of the debts. This acknowledgment satisfies the requirements of section 29(5) of the Limitation Act 1980, thereby extending the limitation period for the claims.

Citation
[2004] EWCA Civ 1054
Parties
Claimant/respondent: David Ross; Defendant/appellant: Francis Joseph McGrath
Jurisdiction
England and Wales
Judgment Date
14 July 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Acknowledgment of Debt, Interpretation of Written Communications
Civil Procedure Contract Law Limitation of Actions Acknowledgment of Debt Interpretation of Written Communications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Ross

Claimant/respondent

Francis Joseph McGrath

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) on Preliminary Issue

Legal Issues

  1. 1 Whether a letter dated 1 May 1996 constituted an acknowledgment of debt within the meaning of section 29(5) of the Limitation Act 1980, thereby extending the limitation period for the claimant's claims.

Ratio Decidendi

The letter of 1 May 1996, when read as a whole and in its context, constitutes an acknowledgment of liability for the specific debts claimed, with any reservation only as to the precise amounts owed, not as to the existence of the debts. This acknowledgment satisfies the requirements of section 29(5) of the Limitation Act 1980, thereby extending the limitation period for the claims.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent's costs, summarily assessed at £7,168.68 by 4.00 pm on 16 August 2004