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14 August 2026
Issue: 8174 / Categories: Legal News , Limitation
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NLJ this week Limitation: A continuing discipline, not just a deadline

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Limitation may look like a question of dates and deadlines, but recent appellate decisions show it is anything but straightforward

Laura Benghiat explores risks involving filing, fees, incorrect defendants, latent damage, fiduciary claims and proceedings with no fixed statutory limitation period.

Siniakovich and Eskander provide some reassurance where originating documents are delivered on time despite fee problems, although reliable evidence of filing remains essential. Adcamp/BDB Pitmans highlights the dangers of suing the wrong legal entity after limitation has expired, making early entity diligence crucial. Kay v Martineau Johnson demonstrates that constructive knowledge may start time running even where a claimant does not appreciate that advice was negligent.

Meanwhile, South Bank Hotel underlines the importance of correctly characterising fiduciary claims, while THG v Zedra confirms that no statutory limitation period applies to Companies Act unfair-prejudice petitions, although delay can still affect remedies.

Benghiat’s central message is that limitation should remain under continuous review throughout litigation. 

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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