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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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