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08 September 2023
Issue: 8039 / Categories: Legal News , Property , Limitation
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NLJ this week: Missed the date? Three cases on the perils of exceeding the time-bar

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Deadlines, expiry dates and limitation periods surely lurk in the nightmares of most lawyers. Writing in this week’s NLJ, Andrew Francis, barrister at Serle Court, sets out three recent cases that demonstrate ‘the importance of taking steps to avoid claims being time-barred’.

Referring to these three cases, Francis highlights some basic precepts in the law of limitation as well as changes in case law and legislation. He explores the limitation issues involved and the lessons that can be learned from each case.

The three cases concern an oil spill, the Duke of Sussex’s claim against News Group Newspapers, and the defective construction of a block of flats. The issues covered included the definition of ‘continuing nuisance’, amended pleadings to take advantage of a retrospective extension to the limitation period, and a late application to amend pleadings. 

Read more on limitation dangers here.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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