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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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