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High Court strikes out warranty claim due to shortcomings in claim notice
The High Court has held that a notice delivered by a purchaser under a sale and purchase agreement did not meet the contractual requirements of a claim …
Court of Appeal confirms time for claiming contribution to damages runs from acceptance of Part 36 offer
The Court of Appeal has held that, where a claim was settled by acceptance of a Part 36 offer, the defendant's two-year limitation period for bringing a …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
Professional negligence – Court of Appeal rules on limitation and the timing of loss
The Court of Appeal in Pegasus Management Holdings SCA & Anr v Ernst & Young & Anr [2010] EWCA Civ 181 has ruled that the limitation period …
House of Lords rules on limitation: contingent liability not actual damage
In its second judgment on limitation in just over two months, in Law Society v Sephton & Co (a firm) [2006] UKHL 22, the House of Lords has ruled on …
Extending the limitation period: House of Lords reins in claimants
A recent House of Lords judgment, Haward v Fawcetts (a firm) [2006] UKHL 9, has set out the basic principles for extending the limitation period in …
Limitation: a game of chance?
A recent Court of Appeal judgment means bad news for defendants and their professional indemnity insurers seeking to defeat a "loss of chance" claim on …
Showing 31 out of 31 results