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‘A good man always knows his limitations…’

08 September 2023 / Andrew Francis
Issue: 8039 / Categories: Features , Property , Limitation
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A trio of recent cases has proven the value of knowing the law of limitations: Andrew Francis sets out some key lessons on avoiding the perils they demonstrated
  • Three recent cases—Jalla v Shell, URS v BDW and Duke of Sussex v NGN—have highlighted the importance of staying abreast of the laws surrounding limitation and any legislative changes in which they may be hiding.

One of the commonest claims in negligence against lawyers is the failure to act in time to avoid clients’ claims being barred by the expiry of limitation periods.

Three recent judgments have brought this into focus. The range of facts between them demonstrates the importance of taking steps to avoid claims being time-barred. Putting the Clint Eastwood line ‘a good man always knows his limitations’ (as said in Magnum Force (1973)), into different context, the message is clear. We must know our limitation periods and ensure that the relevant period is not missed.

The best course is to mark any limitation

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
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David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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