Professional Negligence: To The Limit
A string of recent rulings from the House of Lords has addressed the areas of primary limitation and the characterisation of damage. Michael Pooles and Paul Mitchell report
Limitation periods continue to feature prominently in the area of primary limitation and accrual of the cause of action. In respect of the primary limitation period applicable to claims in tort, the Limitation Act 1980 is brief: no claim shall be brought more than six years after the accrual of the claimant’s cause of action. The most important aspect of the enquiry into the date of accrual of a claimant’s cause of action is usually the investigation into when the claimant can first be said to have suffered some actionable damage.
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