Provided that a deed complied with the formalities in section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, it was a “specialty” within the meaning of section 8 of the Limitation Act 1980 even if it had not been sealed. The 12-year limitation period imposed by section 8 therefore applied to such a deed in the same way as if it had been sealed (paras 56, 64).
Where, therefore, the claimant company sought to amend its contractual claim outside the usual limitation period of six years on the basis that the 12-year limitation period in section 8 of the Limitation Act 1980 applied because the defendant individuals had executed the contract as a deed in accordance with section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, which was therefore a “specialty” for the purposes of section 8, despite the defendants not having impressed a seal on it—
Held, amendments to the claimant’s claim allowed. The parties’ contract having been executed by the defendant individuals as a deed in compliance with section 1(3) of the 1989 Act, it was a “specialty” for the purposes of section 8 of the 1980 Act and the applicable limitation period was 12 years, which had not expired (para 65).
Oliver Assersohn (instructed by Nunn Rickard Litigation Ltd, Exeter) for the claimant.
Jacques Algazy QC (instructed by Roythornes Ltd, Peterborough) for the defendants.