Case news: 3M v Linklaters and Paines
Ross, Jonathan
Case news: 3M v Linklaters and Paines - 2005 - Property Week 70(29) 22 July 2005, 52(1) .
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.
LIMITATION ACT 1980 S14A
Case news: 3M v Linklaters and Paines - 2005 - Property Week 70(29) 22 July 2005, 52(1) .
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.
LIMITATION ACT 1980 S14A