header-logo header-logo

A cautionary tale

07 June 2007 / Andreas Gledhill
Issue: 7276 / Categories: Features , Procedure & practice
printer mail-detail

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll