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25 July 2014 / Nick Pargeter , Malcolm Keen
Issue: 7616 / Categories: Features , Personal injury
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Is time a great healer?

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Nick Pargeter & Malcolm Keen welcome Court of Appeal guidance on limitation & disease

As Lord Nicholls noted in Haward v Fawcetts [2006] UKHL 9, [2006] 3 All ER 497, the law of limitation seeks to hold a balance between two competing interests: (a) the interests of claimants in having maximum opportunity to pursue their legal claims; and (b) the interests of defendants in not having to defend stale proceedings. Traditionally, the limitation period for most claims was six years, with time starting to run when the cause of action accrued. In negligence, the cause of action accrues when damage occurs. In the case of latent diseases such as mesothelioma or noise-induced hearing loss, damage is likely to have occurred long before the claimant knew about it. So the claim would be statute-barred before the claimant even knew he had a cause of action. The unfairness of this approach was shown by Cartledge v Jopling [1963] AC 758, [1963] 1 All ER 341, where pneumoconiosis claims were held statute-barred before

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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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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