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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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