A trio of recent cases has proven the value of knowing the law of limitations: Andrew Francis sets out some key lessons on avoiding the perils they demonstrated
- Three recent cases—Jalla v Shell, URS v BDW and Duke of Sussex v NGN—have highlighted the importance of staying abreast of the laws surrounding limitation and any legislative changes in which they may be hiding.
One of the commonest claims in negligence against lawyers is the failure to act in time to avoid clients’ claims being barred by the expiry of limitation periods.
Three recent judgments have brought this into focus. The range of facts between them demonstrates the importance of taking steps to avoid claims being time-barred. Putting the Clint Eastwood line ‘a good man always knows his limitations’ (as said in Magnum Force (1973)), into different context, the message is clear. We must know our limitation periods and ensure that the relevant period is not missed.
The best course is to mark any limitation dates on the file (in big red type) to
