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Case news: 3M v Linklaters and Paines

By: Language: English Series: Property Week ; 70(29) 22 July 2005, 52(1)Publication details: 2005Subject(s): Summary: Discusses the case "3M v Linklaters and Paines" where the claimant (3M) had delayed pursuing negligence claims, regarding the reassignment of a break clause, against the defendant (L). Later L admitted acting negligently by not realising that the right to break was personal and could not be transferred. The damage to 3M occurred in May 1989 but they claimed they were not aware of it until 25 September 1995. Under the Limitation Act 1980 s14a, claimants can issue proceedings within three years of knowledge of the damage coming to light. The court decided that 3M had been aware of the damage on 30 August 1995 and consequently were two days outside of the limitation period.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L130486 (Browse shelf(Opens below)) 1 Available 130486-1001

Discusses the case "3M v Linklaters and Paines" where the claimant (3M) had delayed pursuing negligence claims, regarding the reassignment of a break clause, against the defendant (L). Later L admitted acting negligently by not realising that the right to break was personal and could not be transferred. The damage to 3M occurred in May 1989 but they claimed they were not aware of it until 25 September 1995. Under the Limitation Act 1980 s14a, claimants can issue proceedings within three years of knowledge of the damage coming to light. The court decided that 3M had been aware of the damage on 30 August 1995 and consequently were two days outside of the limitation period.