Wedlake Bell | United Kingdom | 21 Feb 2022
In the House of Commons a very significant amendment was made to the Building Safety Bill whereby, if it remains in the Bill, claimants will be able…
RPC | United Kingdom | 15 Feb 2022
The Court of Appeal has provided clarity on a claimant's ability to bring an otherwise time-barred claim in reliance on facts raised in the defence. In the recent case of Mulalley & Co Ltd v Martlet Homes Ltd, the claimant was permitted to introduce a new claim, post-limitation, in response to what was potentially a full defence to the original particulars of claim.
RPC | United Kingdom | 11 Jan 2022
In Libyan Investment Authority v Credit Suisse International, the Commercial Court granted summary judgment, dismissing the Libyan Investment Authority's (LIA's) claims against Credit Suisse International and others on the grounds that they were time barred. The Court found that the LIA could not rely on section 32 of the Limitation Act to bring its claims more than six years after the......
Herbert Smith Freehills LLP | United Kingdom | 20 Dec 2021
The High Court has dismissed a claim by a currency debt management firm against three banks in a banking group, which included allegations of front…
RPC | United Kingdom | 7 Dec 2021
The High Court recently clarified the considerations to be made by a court when examining exactly when a fraud could have been discovered with "reasonable diligence" where the claimant has issued a claim outside of the six-year limitation period and seeks to rely on section 32(1) of the Limitation Act in order to postpone the start of the limitation period. In particular, the Court found that......
Herbert Smith Freehills LLP | United Kingdom | 6 Dec 2021
A recent High Court decision has considered the operation of section 32(1) of the Limitation Act 1980, which can postpone the start of the limitation…
Irwin Mitchell LLP | United Kingdom | 13 Oct 2021
Claims under contracts can only be commenced within a certain time period. The Limitation Act 1980 (as amended) directs the periods under which a…
Gatehouse Chambers | United Kingdom | 6 Oct 2021
In Witcomb v (1) J. Keith Park (2) Gregory the High Court considered the application of section 14A of the Limitation Act 1980 to a professional…
DWF LLP | United Kingdom | 4 Oct 2021
A reminder for Claimants and their lawyers of the need to exercise caution in assessing when "damage" will be found to have been suffered (and the…
Herbert Smith Freehills LLP | United Kingdom | 1 Oct 2021
The Court of Appeal has dismissed an appeal against a High Court decision striking out the representative element of claims arising from an oil spill…