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United Kingdom lachesequitable defencesadministration of estates

Re Loftus

[2006] EWCA Civ 1124; [2007] 1 WLR 591
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2006
StatusBinding authority

Key Principle

Even where no statutory limitation period applies to a claim against an estate or its administrators, the equitable defences of laches and acquiescence remain available (preserved by s.36(2) Limitation Act 1980), and are assessed by the broad question whether in all the circumstances it would be unconscionable for the claimant to assert the beneficial right.

Area of Law

General

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