Supreme Court confirms that, where cause of action accrues at midnight, the following day is included for limitation purposes

The Supreme Court has unanimously held that where a cause of action accrues at midnight (a “midnight deadline case”) the following day will count towards the calculation of the limitation period for commencing proceedings: Matthew v Sedman [2021] UKSC 19. The judgment provides an important clarification for parties calculating limitation periods in cases where accrual … Read more

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment which emphasises the risks inherent in issuing complex group litigation shortly before the expiry of an arguable limitation period: Various Claimants v G4S plc [2021] EWHC 524 (Ch). The decision brings … Read more

Supreme Court changes law on when time starts to run for limitation purposes in a claim to recover money paid under a mistake of law

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

Lessons on limitation – two recent decisions highlight traps for the unwary

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