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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) (27 November 2017) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2017/3527.html Cite as: [2017] EWHC 3527 (Ch) |
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CHANCERY DIVISION
MANCHESTER DISTRICT REGISTRY
1 Bridge Street West Manchester, M60 9DJ |
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B e f o r e :
Sitting as a Judge of the High Court
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PETER MATTHEW & 5 OTHERS |
Claimants |
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- and - |
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BARRIE SEDMAN & 2 OTHERS |
Defendants |
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1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864 DX 410 LDE
Email: [email protected]
Web: www.martenwalshcherer.com
MR CHRISTOPHER McNALL (instructed by Steele & Son) for the CLAIMANTS/RESPONDENTS
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Crown Copyright ©
JUDGE HODGE QC:
"The other point is, what is the true rule as to the computation of the six years under that statute? An action cannot be brought until the cause of action is complete, and in all cases of contract the person who has to pay has the whole of the day upon which payment is due in which to pay; therefore until the expiration of that day an action cannot be brought because until then there is no complete cause of action. The result is that an action cannot be brought until the next day; but it can be brought on that day because the cause of action is complete at the commencement of that day. If the cause of action is not complete, the action cannot be brought. It therefore follows that that day is one of the days upon which the action can be brought. The words of the statute are 'within six years next after the cause of such action or suit.' Now the day after that on which the debtor's time for paying expires is, in my opinion, the date on which the cause of action arises, and on that day an action can be brought, and that day is the first of all the days in the six years. Therefore, assuming that the day upon which the action can be brought to be a Thursday, and the period for bringing the action to be a week, the creditor can bring it at any time up to and including the following Wednesday, but not the Thursday. And the same rule applies where the period, as under the statute, is six years. I do not think that the day on which the cause of action arises is excluded. It is the previous day which is excluded, i.e. the day at the expiration of which the cause of action becomes complete..."
"The general rule in calculating the expiry of a limitation period is usually expressed as being that parts of a day are ignored."