Limitation

Contractual time bar did not prevent third party contribution claims

The High Court has held that a contractor could be joined to proceedings as a third party (or Part 20 defendant) so that the main defendants could pursue a contribution claim against the contractor, even though the claimant's direct claims … Continue reading

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High Court finds no continuing contractual duty to correct investment advice

A recent decision of the High Court provides comfort to financial institutions and other professionals facing claims based on an alleged continuing contractual duty to correct earlier advice: Worthing and Another v Lloyds Bank plc [2015] EWHC 2836 (QB). Where … Continue reading

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Privy Council decision on limitation in professional negligence cases

A recent Privy Council decision has considered the point at which damage is suffered where a claimant has entered into a flawed transaction as a result of a defendant’s professional negligence. This is a controversial issue of particular relevance where … Continue reading

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High Court strikes out warranty claim due to shortcomings in claim notice

The High Court has held that a notice delivered by a purchaser under a sale and purchase agreement did not meet the contractual requirements of a claim notice, even though it alleged a breach of warranty, described the circumstances giving … Continue reading

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Court of Appeal confirms time for claiming contribution to damages runs from acceptance of Part 36 offer

The Court of Appeal has held that, where a claim was settled by acceptance of a Part 36 offer, the defendant’s two-year limitation period for bringing a contribution claim ran from the date of acceptance, not from the date of … Continue reading

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Professional negligence – Court of Appeal rules on limitation and the timing of loss

The Court of Appeal in Pegasus Management Holdings SCA & Anr v Ernst & Young & Anr [2010] EWCA Civ 181 has ruled that the limitation period for a claim for breach of duty against a professional adviser will run … Continue reading

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House of Lords rules on limitation: contingent liability not actual damage

In its second judgment on limitation in just over two months, in Law Society v Sephton & Co (a firm) [2006] UKHL 22, the House of Lords has ruled on when the basic six-year limitation period will start to run … Continue reading

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Extending the limitation period: House of Lords reins in claimants

A recent House of Lords judgment, Haward v Fawcetts (a firm) [2006] UKHL 9, has set out the basic principles for extending the limitation period in negligence actions where the claimant lacked knowledge of the relevant facts at the time … Continue reading

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Limitation: a game of chance?

A recent Court of Appeal judgment means bad news for defendants and their professional indemnity insurers seeking to defeat a “loss of chance” claim on limitation grounds. Josselyne Cohen v Kingsley Napley [2006] EWCA Civ 66 concerned a claim against … Continue reading

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