In the latest decision in the long-running Franked Investment Income (“FII”) Group Litigation, the Supreme Court has held that, for a claim to recover money paid under a mistake of law, the statutory limitation period begins to run when a claimant could with reasonable diligence have discovered the mistake, in the sense of recognising that … Read more

The High Court has held that proceedings were time barred where the claim form was issued in the English courts before the expiry of the applicable Greek limitation period, but was not served until after that period had expired: Pandya v Intersalonika General Insurance Company SA [2020] EWCH 273 (QB). Whether proceedings had been brought … Read more

Two recent decisions illustrate short but important points of practice in relation to limitation. In the first, the High Court found that the six year limitation period for contract claims potentially applies where a party seeks to enforce a settlement under a Tomlin order, even if the claimant does not need to commence a new … Read more

In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any other procedural step: Grant v Dawn Meats (UK) [2018] EWCA Civ 2212. Accordingly, the period of a stay will not count towards the timeframe … Read more

The Court of Appeal has held that a negligence claim against a broker of forward freight agreements was time-barred. The limitation period could not be extended on the basis that the claimant lacked the knowledge required to bring the claim until less than three years before commencing the action (under section 14A of the Limitation … Read more

For the purposes of limitation, directors of a company are treated as trustees, given that they owe fiduciary duties to the company. There is a six year limitation period for actions by a beneficiary to recover trust property or in respect of any breach of trust (section 21(3) of the Limitation Act 1980). However, there … Read more

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 against the contractor were subject to a contractual time bar: Bloomberg LP v Sandberg (a … Read more

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 a claim is brought more than six years after an alleged breach of contract, and … Read more