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

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.

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

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly