Source: All England Reporter
Publisher Citation: [2009] All ER (D) 151 (Nov)
Neutral Citation: [2009] EWCA Civ 1166
Court: Court of Appeal, Civil Division
Judge:

Arden, Longmore and LLoyd LLJ
Representation Charles Hollander QC, Tim Lord QC and Colin West (instructed by Reed Smith LLP) for the claimant.
  Sue Carr QC, Philip Jones QC, Ben Hubble QC, Helen Evans and Ruth Holtham (instructed by Kennedys) for the panel solicitors.
Judgment Dates: 12 November 2009

Catchwords

Limitation of action - Accrual of cause of action - Negligence - Damage - Claimant insurer providing After the Event legal insurance - Defendant panel solicitors vetting potential claims and having conduct of claims - Claimant alleging defendants negligent in performance of role in scheme - Panel solicitors contending claims time-barred - Whether cause of action arose when insurance policies incepted - .

The Case

Limitation of action Accrual of cause of action. The Court of Appeal, Civil Division held that the claimant insurer's claim alleging professional negligence, in relation to the defendant panel solicitors' conduct in respect of an After the Event legal expenses scheme, was time barred, pursuant to of the Limitation Act 1980, on the basis that damage had begun to accrue when the policies had been issued. It distinguished the instant case from Law Society v Sephton & Co[ on the basis that the policies were not 'purely contingent liabilities standing alone'.

Practice Areas

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