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Limitation of action – Accrual of cause of action. The appellant's claim for unpaid salary had been only partly successful as the judge found that the majority of the claim was time-barred as the contract provided for monthly payment of salary. The Court of Appeal, Civil Division, allowed his appeal. The judge had erred in deciding the limitation issue before hearing the appellant's application to strike out the limitation defence and, on the facts, the breach of contract that had given rise to the cause of action had been the respondent's failure to make payment of the whole sum due at the point when the appellant had left its employ.
Limitation of action – Accrual of cause of action. The appellant's claim for unpaid salary had been only partly successful as the judge found that the majority of the claim was time-barred as the contract provided for monthly payment of salary. The Court of Appeal, Civil Division, allowed his appeal. The judge had erred in deciding the limitation issue before hearing the appellant's application to strike out the limitation defence and, on the facts, the breach of contract that had given rise to the cause of action had been the respondent's failure to make payment of the whole sum due at the point when the appellant had left its employ.
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