Duncan v Lambeth London Borough Council

Subject Matter

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)

[1968] 1 QB 765 {0} {1} ; [1968] 2 WLR 88

LAW REFORM — Whether necessary — Metropolis — Liabilities of London County Council — Infant's claim for damages for personal injuries — Lacuna — London Government Act, 1963, s 84

[1968] 1 QB 765 {0} {1} ; [1968] 2 WLR 88

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, ss 2 (1), 22 (as amended by Law Reform (Limitation of Actions, etc) Act, 1954, ss 2 (2), 8)

[1968] 1 QB 765 {0} {1} ; [1968] 2 WLR 88

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 London 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, ss 1, 47, 84 (1) (2) — London Authorities (Property, etc) Order, 1964

[1968] 1 QB 765 {0} {1} ; [1968] 2 WLR 88