header-logo header-logo

08 September 2023
Issue: 8039 / Categories: Legal News , Property , Limitation
printer mail-detail

NLJ this week: Missed the date? Three cases on the perils of exceeding the time-bar

136513
Deadlines, expiry dates and limitation periods surely lurk in the nightmares of most lawyers. Writing in this week’s NLJ, Andrew Francis, barrister at Serle Court, sets out three recent cases that demonstrate ‘the importance of taking steps to avoid claims being time-barred’.

Referring to these three cases, Francis highlights some basic precepts in the law of limitation as well as changes in case law and legislation. He explores the limitation issues involved and the lessons that can be learned from each case.

The three cases concern an oil spill, the Duke of Sussex’s claim against News Group Newspapers, and the defective construction of a block of flats. The issues covered included the definition of ‘continuing nuisance’, amended pleadings to take advantage of a retrospective extension to the limitation period, and a late application to amend pleadings. 

Read more on limitation dangers here.

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll