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Part IIIE+W Miscellaneous and General

36 Equitable jurisdiction and remedies.E+W

(1)The following time limits under this Act, that is to say—

(a)the time limit under section 2 for actions founded on tort;

[F1(aa)the time limit under section 4A for actions for libel or slander, or for slander of title, slander of goods or other malicious falsehood;]

(b)the time limit under section 5 for actions founded on simple contract;

(c)the time limit under section 7 for actions to enforce awards where the submission is not by an instrument under seal;

(d)the time limit under section 8 for actions on a specialty;

(e)the time limit under section 9 for actions to recover a sum recoverable by virtue of any enactment; and

(f)the time limit under section 24 for actions to enforce a judgment;

shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the M1Limitation Act 1939 was applied before 1st July 1940.

(2)Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

Textual Amendments

F1S. 36(1)(aa) (which was inserted by 1985 c. 61, ss. 57(5), 69(5), Sch. 9 para. 14) substituted (4.9.1996) by 1996 c. 31, ss. 5(5)(6), 19 (with s. 20(2))

Modifications etc. (not altering text)

Marginal Citations