header-logo header-logo

19 November 2009
Issue: 7394 / Categories: Case law , Law reports
printer mail-detail

Limitation—ATE insurance—Time when cause of action arising

Axa Insurance Ltd v Akther & Darby Solicitors and others [2009] EWCA Civ 1166, [2009] All ER (D) 151 (Nov)

Court of Appeal, Civil Division, Arden, Longmore and Lloyd LLJ,
12 November 2009

For the purpose of an insurer’s claim in professional negligence against solicitors’ conduct in respect of an after the event (ATE) legal expenses scheme, damage beings to accrue under s 2 of the Limitation Act 1980 (LA 1980) when the policies are issued; the policies are not purely contingent liabilities.

Charles Hollander QC, Tim Lord QC and Colin West (instructed by Reed Smith LLP) for the claimant. Sue Carr QC, Philip Jones QC, Ben Hubble QC, Helen Evans and Ruth Holtham (instructed by Kennedys) for the panel solicitors.

The proceedings concerned ATE insurance issued to clients of certain solicitors. The claimant was the assignee of the insurer’s rights. It contended that the solicitors were negligent in the initiation of those policies (vetting claims) and in conduct of the litigation on the client’s behalf , or the failure to notify

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll