House of Lords rules in favour of banks served with injunctions

The House of Lords has today held in HM Commissioners of Customs and Excise v Barclays Bank plc [2006] UKHL 28 that a bank, when served with a freezing injunction affecting an account held by one of the bank’s customers, does not owe a duty to the party which obtained the order to take reasonable … Read more

Damages for “loss of a chance”: Court can use hindsight

A recent Court of Appeal judgment confirms that, in assessing damages for loss of a chance in litigation, the court should normally have regard to evidence that becomes available after the date the underlying claim would have come to trial. In Philip Dudarec v Paul Andrews & Ors [2006] EWCA Civ 256, it was held … Read more

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 the cause of action accrued (under section 14A of the Limitation Act 1980). The five … Read more

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 solicitors for failing to pursue an underlying action which was subsequently struck out as an … Read more