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Double Trouble: recent developments in limitation

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18 May 2022

In this podcast episode on limitation, Helen Evans KC and John Williams will cover four core topics; section 32 of the Limitation Act, the law on repeated breaches by professionals, the niche but important issue of when time starts to run for limitation purposes during the  course of the day and making amendments after the expiry of the limitation period.

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2021 saw multiple limitation cases reach the Court of Appeal or Supreme Court. In this podcast episode, Helen Evans KC and John Williams review the authorities essential to professional negligence practitioners, including:

  • 32 of the Limitation Act and “deliberate concealment”. Why has there been such a spate of claims about this section and what issues do the cases address? We will consider what knowledge is required to start time running,  whether the test for “reasonable diligence” is objective or subjective, what is meant by “deliberate”  and other issues arising from key cases such as OT Computers v Infineon Technologies AG, and ECU v HSBC;
  • The law on repeated breaches by professionals. Can this be used  as a get out of jail free card by claimants so that time starts to run again? Sciortino v Beaumont;
  • When and how does time start to run for limitation purposes? Matthews v Sedman
  • Where are we with amendments after the expiry of limitation? Mulalley & Co Ltd v Martlet Homes Ltd and Cameron Taylor Consulting Ltd v BDW Trading Ltd.

The podcast addresses the current thinking on both questions of law and procedure in this fast-changing area.

Click here to download the Double Trouble Handout

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Helen Evans KC

Call: 2001 Silk: 2022

John Williams

Call: 2017

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