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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

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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