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08 September 2023 / Andrew Francis
Issue: 8039 / Categories: Features , Property , Limitation
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‘A good man always knows his limitations…’

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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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