It's what you know
Murdoch, John
It's what you know - 2006 - Estates Gazette (0614) 8 April 2006, 173(1) .
Looks at the limitation periods relevant to making claims for professional negligence and what the claimant needs to know. The Limitation Act 1980 sets the time periods within which a claimant must start legal proceedings if its claim is not to be statute-barred: six years either from the date of the breach or from the date upon which the claimant suffered loss by relying on negligent advice. Neither of these periods refers to whether the claimant is aware that it has a claim. S14A of the Act created an alternative limitation period for negligence claims in tort. Considers "Haward v Fawcetts" ([2006] UKHL 9, L132903) which confirms that the three-year period for bringing a professional negligence case starts when the claimant has knowledge of certain facts, namely that its loss results from the defendant's act or omission, but it need not know of any negligence.
LIMITATION ACT 1980 S14A(8)
LIMITATION ACT 1980 S14A
LATENT DAMAGE ACT 1986
HAWARD AND OTHERS V FAWCETTS
DOBBIE V MEDWAY HEALTH AUTHORITY
It's what you know - 2006 - Estates Gazette (0614) 8 April 2006, 173(1) .
Looks at the limitation periods relevant to making claims for professional negligence and what the claimant needs to know. The Limitation Act 1980 sets the time periods within which a claimant must start legal proceedings if its claim is not to be statute-barred: six years either from the date of the breach or from the date upon which the claimant suffered loss by relying on negligent advice. Neither of these periods refers to whether the claimant is aware that it has a claim. S14A of the Act created an alternative limitation period for negligence claims in tort. Considers "Haward v Fawcetts" ([2006] UKHL 9, L132903) which confirms that the three-year period for bringing a professional negligence case starts when the claimant has knowledge of certain facts, namely that its loss results from the defendant's act or omission, but it need not know of any negligence.
LIMITATION ACT 1980 S14A(8)
LIMITATION ACT 1980 S14A
LATENT DAMAGE ACT 1986
HAWARD AND OTHERS V FAWCETTS
DOBBIE V MEDWAY HEALTH AUTHORITY