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.
