16 Feb 2009
ROLAND MICHAEL KERRIDGE V KAREN PHYLLIS KERRIDGE AND ORS CA CA498/2007
- Citation
- openlaw-513d5b63_ce76_48d0_912b_b905dc9bd3bd.pdf
- Court
- Court of Appeal
The Court held that the remaining causes of action are tortious wrongs not constituting a 'transaction' between spouses for the purposes of s 4(1)(a) PRA, so s 4 does not bar prosecution in the High Court; s 51 does not operate as a general override of s 4; the 1998 deceit claim is arguable under s 28(a) Limitation Act and therefore survives strike‑out; appeal dismissed and remaining claims may be tried in the High Court subject to prior striking out of time‑barred heads.