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Limits on Prosecution

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0002
Subject:
Law, Criminal Law and Criminology

The law in some jurisdictions contains provisions which limit the state's ability to prosecute cases of childhood sexual abuse which have been reported after a delay. Such limits may be statutory, in ... More


Limitation Periods and Laches

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0028
Subject:
Law, Law of Obligations

For reasons of public policy, most civil actions are subject to a time bar whose effect is that, once a particular period of time has passed, the defendant can no longer be sued on that particular ... More


The Rule of Law and Time’s Arrow

Arthur Ripstein

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0015
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter explains why rights change with the passage of time. It considers two prominent accounts, according to which the point of limitations periods is either to reflect changes in the ... More


Lord Woolf, Multi-Party Situations, and Limitation Periods

Rachael Mulheron

in The Civil Procedure Rules at 20

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198863182
eISBN:
9780191895685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863182.003.0011
Subject:
Law, Constitutional and Administrative Law

More than twenty years ago, Lord Woolf MR recommended the implementation of a regime which could cater for opt-in or opt-out class actions. It was not until 1 October 2015 that such a regime was ... More


Defences

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0009
Subject:
Law, Law of Obligations

Chapter 9 explores remedial defences. It defends three broad arguments. First, the law of remedial defences constitutes a significant, though largely unrecognized, part of remedial law. Second, ... More


Equality in social security

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0010
Subject:
Law, EU Law, Human Rights and Immigration

This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of ... More


Delays and Limitations in Clergy Abuse Cases

James T. O’Reilly and Margaret S. P. Chalmers

in The Clergy Sex Abuse Crisis and the Legal Responses

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199937936
eISBN:
9780199350209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199937936.003.0005
Subject:
Law, Criminal Law and Criminology, Private International Law

Many abuse cases became public years after the sex act, so law limiting “stale” suits often barred recovery. Lobbying for reopening cases worked in some states, despite the churches‘ efforts to block ... More


Causation, Remoteness of Damage, and Defences

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0021
Subject:
Law, Law of Obligations

One of the most important and complex elements in many product liability actions is the establishment of a causative link between the allegedly defective product and the relevant damage. Indeed, ... More


Limitation Periods

Rebecca Parry and James Ayliffe

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0031
Subject:
Law, Company and Commercial Law

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case ... More


Limitation periods

Andrew Burrows

in Remedies for Torts, Breach of Contract, and Equitable Wrongs

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198705932
eISBN:
9780191927294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198705932.003.0021
Subject:
Law, Law of Obligations

Although, strictly speaking, the law of limitation is separate from the law of remedies, the two are closely connected. Moreover, it has been said to be ‘… trite law that the English Limitation ... More


Rule 126 Start of proceedings for the determination of damages

Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0311
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 126 provides a period for lodging the application which initiates the proceedings for determining damages. Such a period is unknown in many domestic legal systems, for example Germany. Rather, ... More


Rule 139 Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply

Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0321
Subject:
Law, Intellectual Property, IT, and Media Law

The applicant may within one month lodge a Reply to the Defence to the Application for the determination of damages, limited to the matters raised in the Defence. The unsuccessful party may lodge a ... More


Remedies II: Member States

Paul Craig

in EU Administrative Law

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198831655
eISBN:
9780191932311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198831655.003.0025
Subject:
Law, EU Law

The previous chapter considered remedies against the EU. The discussion now turns to remedies against Member States. This is in certain respects a more complex topic because relief against Member ... More


Article 268 TFEU

Bernhard Schima

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.408
Subject:
Law, EU Law

Article 235 EC The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for damage provided for in the second and third paragraphs of Article 340.


Article 340 TFEU

Manuel Kellerbauer

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.498
Subject:
Law, EU Law

Article 288 EC The contractual liability of the Union shall be governed by the law applicable to the contract in question.


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