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07 June 2007 / Andreas Gledhill
Issue: 7276 / Categories: Features , Procedure & practice
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A cautionary tale

Andreas Gledhill explains the pitfalls of using protective claims

Faced with the imminent expiry of a limitation period, litigators acting for a potential claimant often seek to safeguard their client’s position by issuing a protective claim. They may have only a partial understanding of the facts, and may not have worked out how to put the case: so they issue a generally indorsed claim form to stop limitation running while they try to find out more, but hold off serving the defendant in the meantime.

Until now, this practice has largely gone unchallenged. That is set to change in the light of Mr Justice Cooke’s recent decision in Nomura International plc v Granada Group Ltd [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar).

PROTECTIVE CLAIMS

The practice of issuing protective claims appears to have grown up in the 1960s. One of the earliest references in a reported case is Rowe v Tregaskes [1968] 3 All ER 447, [1968] 1 WLR 1475, where Lord Denning MR referred to the claimant’s issue of “....what

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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