header-logo header-logo

A lottery for litigants?

12 March 2009 / Paula Jefferson
Issue: 7360 / Categories: Features , Public , Damages , Personal injury
printer mail-detail

Paula Jefferson provides an update on limitation

Approaching the 30th anniversary of a major statute, one might think that its interpretation would be fairly well established and litigation as to the meaning of its words and phrases would be minimal. Sadly, with regard to the Limitation Act 1980 (LA 1980), that seems far from the case. This continuing and costly pursuit of clarification surely supports the need for reform. It is now nearly 10 years since the Law Commission identified and proposed changes. The government last year confirmed its intention to revisit limitation but, at its earliest, a draft Bill will not be published before July 2009.

In the meantime practitioners and their clients are left with a wealth of judgments and commentary from which to try and determine how and when the issue of limitation will apply. Looking at the decisions in 2008 and applying them in practice, the current situation is as follows.

Fittingly, to start the year, January 2008 saw the decision in A v Hoare

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll