All blog posts
Showing 35 out of 35 results
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
House of Lords rules on limitation: contingent liability not actual damage
In its second judgment on limitation in just over two months, in Law Society v Sephton & Co (a firm) [2006] UKHL 22, the House of Lords has ruled on …
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 …
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 …
Showing 35 out of 35 results
Key contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London