The Law Reports (Queen's Bench Division)
[1968] 1 QB 747
[QUEEN'S BENCH DIVISION]
DUNCAN
v.
LAMBETH LONDON BOROUGH COUNCIL
[1965 D. No. 1499]
1967 Nov. 2,
10
DONALDSON J.
Metropolis
— Greater London
— Transfer of functions
— Liabilities
— Children's home
— London County Council home transferred to Children's authority
— Child injured in home while in care of 748London County Council
— Whether liability in respect of claim for damages for personal injuries transferred
— “All liabilities attaching to such council in respect of such property”
—
Children Act, 1948 (11 & 12 Geo. 6, c. 43), ss 1, 15
—
London Government Act, 1963 (c. 33)
ss. 1, 47, 84 (1) (2)
Sch. 1
—
London Authorities (Property etc.) Order, 1964 (S.I. 1964, No. 1464), art. 11.
Limitation of Action
— Personal injuries
— Disability, person under
— Infancy
— Infant in care of children's authority
— Injury sustained in children's home
— Whether “in the custody of a parent” at a time when right of action accrued
— Action for damages for negligence brought after expiry of three-year period of limitation
— Whether barred by proviso excluding from extension for disability of infants “in the custody of a parent”
—
Limitation Act, 1939 (2 & 3 Geo. 6, c. 21), ss. 2 (1), 22, as amended by Law Reform (Limitation of Actions, etc.) Act, 1954 (2 & 3 Eliz. 2, c. 36), ss. 2 (2), 8.
Law Reform
— Whether necessary
— Metropolis
— Liabilities of London County Council
— Infant's claim for damages for personal injuries
— Lacuna
—
London Government Act, 1963 (c. 33), s. 84.
Law Reform
— Whether necessary
— Limitation
— Exclusion from extension for disability
— “In the custody of a parent”
— Clarification desirable
— Possibility of change of circumstances after accrual of right of action
— Appropriate provision that time should not run so long as specified circumstances exist
—
Limitation Act, 1939, s. 22 (as amended).