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

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

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

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 claims are brought long after the negligent acts were committed. The court’s conclusion will often … Read more

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 rise to the alleged breach, and provided information about the likely quantum of the claim: … Read more