header-logo header-logo

08 September 2023 / Andrew Francis
Issue: 8039 / Categories: Features , Property , Limitation
printer mail-detail

‘A good man always knows his limitations…’

136513
A trio of recent cases has proven the value of knowing the law of limitations: Andrew Francis sets out some key lessons on avoiding the perils they demonstrated
  • Three recent cases—Jalla v Shell, URS v BDW and Duke of Sussex v NGN—have highlighted the importance of staying abreast of the laws surrounding limitation and any legislative changes in which they may be hiding.

One of the commonest claims in negligence against lawyers is the failure to act in time to avoid clients’ claims being barred by the expiry of limitation periods.

Three recent judgments have brought this into focus. The range of facts between them demonstrates the importance of taking steps to avoid claims being time-barred. Putting the Clint Eastwood line ‘a good man always knows his limitations’ (as said in Magnum Force (1973)), into different context, the message is clear. We must know our limitation periods and ensure that the relevant period is not missed.

The best course is to mark any limitation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll