Azaz v Denton & Anor [2009] EWHC 1759 (QB) (21 July 2009)

Azaz v Denton & Anor [2009] EWHC 1759 (QB) (21 July 2009)

The claims for personal injury are statute-barred under s.11 of the Limitation Act 1980, as the claimant had the requisite knowledge more than three years before issuing proceedings. The claimant was not under a relevant disability at the time causes of action accrued, so s.28 does not apply. The claims for undue influence and breach of duty are also statute-barred, as they accrued between 1992 and 1997 and were not brought within six years. There is no basis to extend limitation under s.32, as there was no deliberate concealment or fraud. Equitable relief is barred by laches due to the claimant's delay. The personal injury element is struck out, but other claims would also fail for being...

Citation
[2009] EWHC 1759 (QB)
Parties
Claimant: Yehu Eugene Zeev Azaz; First Defendant: Rena Denton; Second Defendant: Self Realization Meditation Healing Centre
Jurisdiction
England and Wales
Judgment Date
21 July 2009
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Judgment on Preliminary Issues (limitation and Laches)
Outcome
Claims dismissed as statute-barred and/or barred by laches; personal injury claim struck out.
Legal Topics
Limitation of Actions, Undue Influence, Personal Injury, Breach of Duty, Laches, Equitable Relief
Civil Procedure Equity Tort Charity Law Limitation of Actions Undue Influence Personal Injury Breach of Duty +2 more

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Parties

Yehu Eugene Zeev Azaz

Claimant

Rena Denton

First Defendant

Self Realization Meditation Healing Centre

Second Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Judgment on Preliminary Issues (limitation and Laches)

Legal Issues

  1. 1 Whether the claimant's claims are statute-barred under the Limitation Act 1980
  2. 2 Whether the claimant was under a disability within the meaning of s.28 of the Limitation Act 1980
  3. 3 Whether the claims for undue influence, breach of duty, and personal injury are time-barred

Ratio Decidendi

The claims for personal injury are statute-barred under s.11 of the Limitation Act 1980, as the claimant had the requisite knowledge more than three years before issuing proceedings. The claimant was not under a relevant disability at the time causes of action accrued, so s.28 does not apply. The claims for undue influence and breach of duty are also statute-barred, as they accrued between 1992 and 1997 and were not brought within six years. There is no basis to extend limitation under s.32, as there was no deliberate concealment or fraud. Equitable relief is barred by laches due to the claimant's delay. The personal injury element is struck out, but other claims would also fail for being...

Court Disposition

Claims dismissed as statute-barred and/or barred by laches; personal injury claim struck out.

Orders

  • Personal injury claim struck out as time-barred
  • All other claims dismissed as statute-barred and/or barred by laches