Litigation Notes

Court of Appeal finds limitation period may start to run before deadline for payment of debt

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

High Court provides helpful guidance on interpretation of time-bar clause

A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v …

Supreme Court confirms that, where cause of action accrues at midnight, the following day is included for limitation purposes

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …

Court of Appeal decision clarifies when new claims can be introduced after limitation has expired

The Court of Appeal has held that parties seeking to introduce a new claim after the expiry of the relevant limitation period cannot rely on previously …

Supreme Court changes law on when time starts to run for limitation purposes in a claim to recover money paid under a mistake of law

In the latest decision in the long-running Franked Investment Income (“FII”) Group Litigation, the Supreme Court has held that, for a claim to recover …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period

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 …

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 …

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 …