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28 May 2010
Issue: 7419 / Categories: Case law , Law digest
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Limitation of action

Roberts v Gill & Co and others [2010] UKSC 22, [2010] All ER (D) 180 (May)

The claimant brought an action against a solicitor regarding allegedly negligent administration of an estate. On appeal the primary question issue was whether an amendment sought by the claimant to his action could be made notwithstanding expiry of the limitation period, pursuant to s 35 of the Limitation Act 1980 (LA 1980) and CPR 19.5 in respect of his personal claim.
In particular, the main question was whether, in order to be able to carry on his claim, the claimant would need not only to alter the claim so that he was suing on behalf of the estate, but also to add the administrator as a defendant. If he did have to add the administrator, a further question arose as to what would have to be added at the time at which he altered his claim or whether he could do so later.

The Supreme Court ruled that CPR 19.5(2)(b) and 19.5(3)(b) (giving effect to s 35(5)(b) and 6(b) of LA

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

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Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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