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Law digests: 4 June 2021

02 June 2021
Issue: 7935 / Categories: Case law , In Court , Law digest
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Matthew and others v Sedman and others [2021] UKSC 19, [2021] All ER (D) 61 (May)

In the context of calculating a limitation period in a midnight deadline case, even if the cause of action had accrued at the very start of the day following midnight, that day was a complete undivided day, such that it should be included in the computation of the limitation period. Accordingly, the Supreme Court dismissed an appeal which arose in respect of one of two court-approved schemes of arrangement, and where the issue concerned the calculation of the limitation period in respect of causes of action which had accrued at, or on the expiry of, the midnight hour at the end of Thursday 2 June 2011. The appellants, who were the current trustees in respect of a will, had appealed after the respondent former trustees had been granted summary judgment in respect of the appellants’ claim (the Welcome claim), alleging negligence and breach of trust (among other things), on the basis that that claim (issued on Monday 5 June 2017) had been issued outside

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