Boot v Boot & Anor [1996] EWCA Civ 1352 (19 April 1996)

Boot v Boot & Anor [1996] EWCA Civ 1352 (19 April 1996)

The loan agreement satisfied the conditions of section 6(2) and the promissory note did not exclude the application of section 6; therefore, the limitation period ran from the date of written demand and the action was not statute-barred.

Citation
[1996] EWCA Civ 1352
Parties
Plaintiff/appellant: Colin Boot; Defendant/respondent: Pauline Boot; Third Party: Christopher Boot
Jurisdiction
England and Wales
Judgment Date
19 April 1996
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
appeal allowed
Legal Topics
Promissory Notes, Statute of Limitations, Collateral Security, Repayment on Demand
Contract Law Limitation Law Promissory Notes Statute of Limitations Collateral Security Repayment on Demand

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Parties

Colin Boot

Plaintiff/appellant

Pauline Boot

Defendant/respondent

Christopher Boot

Third Party

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the cause of action on the promissory note was statute-barred under section 5 of the Limitation Act 1980
  2. 2 Whether section 6 of the Limitation Act 1980 applied to the loan agreement supported by a promissory note

Ratio Decidendi

The loan agreement satisfied the conditions of section 6(2) and the promissory note did not exclude the application of section 6; therefore, the limitation period ran from the date of written demand and the action was not statute-barred.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; district judge's order restored dismissing the summons to strike out the action.
  • Defendant to pay costs of appeal to County Court Judge, not to be enforced without further order.