header-logo header-logo

18 September 2008 / Daniel Preddy , Simon Thomas
Issue: 7337 / Categories: Features , Procedure & practice
printer mail-detail

Shore timings

Delays to the start of the primary limitation period will continue to be rare, say Daniel Preddy and Simon Thomas

The recent Court of Appeal case of Shore v Sedgwick Financial Services Ltd [2008] EWCA Civ 863 , [2008] All ER (D) 304 (Jul) clarifies the date on which a claimant's cause of action arises in negligence under the primary limitation period (Limitation Act 1980, s 2). This is crucial to understanding whether any such claim is time-barred.

Section 2 provides that “an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued”. A claim in negligence accrues when the claimant suffers damage. However, this raises the often problematic question of when that first occurs.

Shore, together with the recent Court of Appeal decision in Watkins v Jones Maidment Wilson [2008] EWCA Civ 134, [2008] All ER (D) 27 (Mar) confirms that claimants will only be able to delay the start of the primary limitation period in rare circumstances,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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