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18 September 2008 / Daniel Preddy , Simon Thomas
Issue: 7337 / Categories: Features , Procedure & practice
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Shore timings

Delays to the start of the primary limitation period will continue to be rare, say Daniel Preddy and Simon Thomas

The recent Court of Appeal case of Shore v Sedgwick Financial Services Ltd [2008] EWCA Civ 863 , [2008] All ER (D) 304 (Jul) clarifies the date on which a claimant's cause of action arises in negligence under the primary limitation period (Limitation Act 1980, s 2). This is crucial to understanding whether any such claim is time-barred.

Section 2 provides that “an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued”. A claim in negligence accrues when the claimant suffers damage. However, this raises the often problematic question of when that first occurs.

Shore, together with the recent Court of Appeal decision in Watkins v Jones Maidment Wilson [2008] EWCA Civ 134, [2008] All ER (D) 27 (Mar) confirms that claimants will only be able to delay the start of the primary limitation period in rare circumstances,

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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