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Wedlake Bell | United Kingdom | 21 Feb 2022

30 Year Limitation Period Introduced into Building Safety Bill

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…
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RPC | United Kingdom | 15 Feb 2022

Relying on defence to plead new, time-barred claim – Court of Appeal provides clarity

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.
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RPC | United Kingdom | 11 Jan 2022

High Court dismisses application for extension of limitation period on basis of fraud at summary judgment stage

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......
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Herbert Smith Freehills LLP | United Kingdom | 20 Dec 2021

High Court dismisses claim against banks involving allegations of front running/trading ahead on stop-loss orders on limitation grounds

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…
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RPC | United Kingdom | 7 Dec 2021

Section 32(1) Limitation Act: does "reasonable diligence" in discovering fraud include events prior to accrual of cause of action?

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......
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Herbert Smith Freehills LLP | United Kingdom | 6 Dec 2021

Postponement of the limitation period in fraud claims - High Court considers s32(1) Limitation Act

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…
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Irwin Mitchell LLP | United Kingdom | 13 Oct 2021

Building Safety Bill - Beware longer limitations

Claims under contracts can only be commenced within a certain time period. The Limitation Act 1980 (as amended) directs the periods under which a…
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Gatehouse Chambers | United Kingdom | 6 Oct 2021

Questioning professionals - when should a client know that a professional has given them defective advice? Professional negligence claims and section 14a

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…
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DWF LLP | United Kingdom | 4 Oct 2021

Tick tock watch the clock: Elliott v Hattens solicitors [2021] EWCA Civ 720

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…
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Herbert Smith Freehills LLP | United Kingdom | 1 Oct 2021

Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6

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…
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