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NLJ this week: Missed the date? Three cases on the perils of exceeding the time-bar

08 September 2023
Issue: 8039 / Categories: Legal News , Property , Limitation
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Deadlines, expiry dates and limitation periods surely lurk in the nightmares of most lawyers. Writing in this week’s NLJ, Andrew Francis, barrister at Serle Court, sets out three recent cases that demonstrate ‘the importance of taking steps to avoid claims being time-barred’.

Referring to these three cases, Francis highlights some basic precepts in the law of limitation as well as changes in case law and legislation. He explores the limitation issues involved and the lessons that can be learned from each case.

The three cases concern an oil spill, the Duke of Sussex’s claim against News Group Newspapers, and the defective construction of a block of flats. The issues covered included the definition of ‘continuing nuisance’, amended pleadings to take advantage of a retrospective extension to the limitation period, and a late application to amend pleadings. 

Read more on limitation dangers here.

MOVERS & SHAKERS

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
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