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03 September 2009
Issue: 7383 / Categories: Case law , Law digest
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Limitation period

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC); [2009] All ER (D) 79 (Aug)

When asked to allow an amendment to bring a claim in what might be outside the limitation period, the court was not necessarily restricted to looking at the prejudice that had been suffered since the issue of the claim form but was entitled to compare the position in which the defendant would find itself if the new claim was allowed to go ahead outside the period and the position in which he would have been if the claim now sought to be put forward had been brought forward with reasonable expedition.

Were it otherwise a person who brought an action six months before the expiry of the limitation period who tried to substitute a new claim one month after the period expired would be in a more favourable position than someone who initiated an action two years after the accrual of the cause of action and sought to add a new claim one month after it expired.

Issue: 7383 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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