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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 the claimants knew or could be expected to know they

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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