Andrew Edward McCarthy v Graham Brian Proctor

Andrew Edward McCarthy v Graham Brian Proctor

Mr Proctor's claims are time barred under the Limitation Act 1980, with no realistic prospect of establishing valid acknowledgment, part payment, or mistake to extend limitation. The applicable law is Spanish or English, not Dubai law, and the claims are manifestly more connected with Mallorca. It is fair and just to strike out the claims.

Parties
Claimant: Andrew Edward McCarthy; Defendant/part 20 Claimant: Graham Brian Proctor; Part 20 Defendant: William Allan Jones
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Civil / Judgment on Strike Out Application
Outcome
Claims by Mr Proctor against Mr Jones struck out; summary judgment granted for Mr Jones.
Legal Topics
Limitation of Actions, Summary Judgment, Foreign Law, Acknowledgment and Part Payment, Mistake
Contract Law Restitution Civil Procedure Limitation of Actions Summary Judgment Foreign Law Acknowledgment and Part Payment Mistake

Case Brief

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Parties

Andrew Edward McCarthy

Claimant

Graham Brian Proctor

Defendant/part 20 Claimant

William Allan Jones

Part 20 Defendant

Procedural Posture

Civil / Judgment on Strike Out Application

Legal Issues

  1. 1 Whether Mr Proctor's claims against Mr Jones are time barred under the Limitation Act 1980
  2. 2 Whether any exceptions to limitation apply (acknowledgment, part payment, mistake, foreign law)
  3. 3 Whether the applicable law is English, Spanish, or Dubai law

Ratio Decidendi

Mr Proctor's claims are time barred under the Limitation Act 1980, with no realistic prospect of establishing valid acknowledgment, part payment, or mistake to extend limitation. The applicable law is Spanish or English, not Dubai law, and the claims are manifestly more connected with Mallorca. It is fair and just to strike out the claims.

Court Disposition

Claims by Mr Proctor against Mr Jones struck out; summary judgment granted for Mr Jones.

Orders

  • Draft order to be filed within 14 days of hand down of judgment.
  • Any consequential matters to be dealt with by written submissions if not agreed.