header-logo header-logo

A return to uncertainty

25 October 2013 / Tim Hirst
Issue: 7581 / Categories: Features , Profession
printer mail-detail
171156032

The courts have muddied the water with their approach to limitation in professional liability cases, says Tim Hirst

The conflicting judicial approach to limitation in professional liability cases is revealed yet again in the Court of Appeal decision in Berney v Saul [2013] EWCA Civ 640.

This arose out of a mishandled personal injury (PI) claim arising out of a road traffic accident on 20 April 1999. The claim form was issued at the last gasp on 12 April 2002 and was directed to an incorrectly named defendant. The claim form was finally re-issued on 20 April 2002. No particulars of claim was served within the requisite four months (19 August 2002).

The defendants acknowledged service and admitted liability. They went further and gave an assurance that they would take no point arising out of the claimant’s delay.

New solicitors appointed by the claimant warned her on 2 June 2004 that her claim was vulnerable to an application to strike out. Ominously, the defendant in the PI claim withdrew its assurance on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll