Litigation Notes

Supreme Court clarifies deliberate concealment gateway for postponing limitation

In a significant and much-anticipated judgment, the Supreme Court has clarified the elements that a claimant must establish in order to rely on the …

Commercial litigation podcast series – Episode 19: General update

Court of Appeal provides further clarification on the limitation period in fraud claims

A recent Court of Appeal decision has added to the case law considering the operation of section 32(1)(a) of the Limitation Act 1980, under which the …

Supreme Court finds no continuing nuisance simply because polluting substance remains on claimants' land

A recent Supreme Court decision has confirmed the orthodox position in relation to how the law of limitation applies to claims in private nuisance, in …

Group litigation orders: binding effect of decisions in test cases

Commercial litigation podcast series – Episode 17: General update

Court of Appeal finds limitation period may start to run before deadline for payment of debt

High Court dismisses fraudulent misrepresentation claim relating to loan notes investment on limitation grounds

The High Court has dismissed a claim by the assignee of an investment fund against a financial advisory firm (and associated parties) for losses arising …

High Court provides helpful guidance on interpretation of time-bar clause

A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v …

Supreme Court confirms that, where cause of action accrues at midnight, the following day is included for limitation purposes

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …