header-logo header-logo

13 February 2015 / Jeremy Gordon , Jolyon Connell
Issue: 7640 / Categories: Features , Commercial
printer mail-detail

Dust off your old files

connellgordon

Practitioners may be allowed to revive cases which might previously have appeared statute barred, say Jolyon Connell & Jeremy Gordon

In the recent case of FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45, [2014] 4 All ER 79 the Supreme Court determined that a bribe or secret commission obtained by an agent in breach of a fiduciary duty is held on trust by the defaulting agent for his beneficiary principal. Despite a number of articles considering that judgment and some of its implications, one consequence of potentially great significance to practitioners has been somewhat overlooked: limitation. This article considers that point specifically and highlights how the Supreme Court’s decision in FHR may allow claims which were once considered to be statute barred to be advanced in a new manner.

Underlying principles

Section 21(1) of the Limitation Act 1980 provides as follows: “No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action—(a) in

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

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll