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Limitation Periods United Kingdom

A&O Shearman

Limitation of liability under the microscope

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The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

Cooley LLP

Time Is On My Side: When Can Limitation Periods Be Extended in the UK?

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A fundamental issue that all litigants will be well served to consider when bringing, or defending, any legal proceeding is the question of whether the claim has been brought in time. The inadvertent failure to bring a claim...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

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A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

BCLP

Limitation period for “continuing nuisance” in environmental cases

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The Court of Appeal has examined when a common law nuisance can be said to be “continuing” and therefore qualify for a more generous application of the limitation rules. The judgment is of relevance to landowners, developers,...more

A&O Shearman

Unilateral notice under an SPA not sufficient to stop limitation period expiring

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A unilateral notice relating to a tax liability under a share sale and purchase agreement was not a valid notice within the relevant limitation period for a claim. The construction of a unilateral notice must be viewed...more

A&O Shearman

Standstill agreements: difference between suspension or extension

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Parties often enter into standstill agreements when approaching the expiry of a limitation period. This case shows the difference between suspending time and extending time for the purposes of limitation in a standstill...more

A&O Shearman

Limitation and foreign follow-on actions

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Two recent attempts to hedge limitation risk in follow-on claims by commencing proceedings in the UK High Court and the UK Competition Appeal Tribunal have failed. The Tribunal ruled that a claim, based on foreign law,...more

Latham & Watkins LLP

High Court Case Highlights the Importance of Commencing Arbitration within Contractual Limitation Periods

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Case: Expofrut SA & Others v Melville Services Inc and Lavinia Corporation [2015] EWHC 1950 (Comm) The English High Court has ruled that an extension to a contractually agreed period in which arbitration proceedings must...more

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