Limitation

Time limit for serving claim form will not run during stay of proceedings

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] … Continue reading

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Court of Appeal considers date of knowledge to set time running for limitation in negligence actions

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 … Continue reading

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Supreme Court decision makes it harder for directors to establish limitation defence where they have benefited from breach of fiduciary duty

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 … Continue reading

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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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Filed under Contract, Limitation

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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Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt

Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, there may be a number of reasons why the beneficiary decides to delay in commencing … 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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