A recent ruling has changed the landscape in professional indemnity. After many years of keeping a low profile, the courts have been busy in the past year or so considering s10 Limitation Act 1980 (LA) and s1 Civil Liability (Contribution) Act 1978 (CA). On one crucial issue we now have clarity. On another, the window now appears less transparent.
The welcome decision is Aer Lingus v Gildacroft and another [2006]. It provided the Court of Appeal with a chance to consider the date when the clock starts to tick for limitation purposes if you are seeking contribution from another towards damages you have agreed or been ordered to pay to a third party. It is surprising that such a fundamental – and not uncommon – issue had not been clearly determined before.
