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Articles matching "limitation"
Company restoration and limitation periods: Do all claims remain stayed against a company in liquidation?
In a judgment handed down last week, the High Court dismissed a claimant's appeal concerning the effect of a company's liquidation on limitation in a noise induced hearing loss claim. DWF's Stephen…
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Causes of action and limitation: the decision in Annett Osborne v. Follett Stock (a Firm) and Follett Stock LLP [2017] EWHC 1811 (QB)
The recent judgment in Annett Osborne v Follett Stock (a Firm) and Follett Stock LLP [2017] EWHC 1811 (QB) provides helpful guidance on when a cause of action accrues in cases involving contingent…
Read moreHistoric abuse claims: When is late too late?
Paul Donnelly and Samantha Chambers acted on behalf of the Defendant and its insurers in Wilde v Coventry City Council (2017) – a historic abuse claim where HHJ Maloney QC refused to exercise…
Read moreKnowing me, knowing you: Date of knowledge for mis-selling claims
CGL Group Limited (“CGL”), a property holding company, brought a claim against Royal Bank of Scotland (“RBS”) for the alleged mis-selling of two interest rate hedging products, which RBS argued were…
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Limitation: special consideration for abuse claims?
The higher profile of abuse claims has recently led to this issue being given special consideration by the Scottish Government. The result is a new consultation that seeks to introduce primary…
Read moreThe end of the road?...
On 17 June the Supreme Court handed down its judgment in the matter of Higgins Construction plc (“Higgins”) v Aspect Contract (Asbestos) Limited (“Aspect”). The decision, which focuses on the…
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A Court of Appeal view on limitation in abuse claims
The Court of Appeal has recently handed down a judgment on the issue of limitation in an abuse claim. Whilst not a new issue, it is one that is likely to become increasingly relevant at a time when…
Read moreLimitation in the dock for claims against surveyors
Alexia Drew reviews the recent decision in Toombs V Bridging Loans Ltd [2014] EWHC 4566, where the High Court provided further guidance on the limitation position for claims against surveyors.
Read moreConstructive knowledge and limitation: revisited and restated
The Court of Appeal has again examined constructive knowledge in the context of limitation in disease cases. This Noise Induced Hearing Loss claim was unsuccessful as the Court of Appeal imputed the…
Read more"Full & Final" settlement may not be what it seems after High Court mesothelioma judgment
The High Court was recently asked to deal with a claimant seeking damages for mesothelioma in circumstances where he had previously settled a claim for asbestos related injuries against a number of…
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