The Lords’ ruling in Sephton provides welcome clarification of limitation rules in negligence claims, say Nicholas Heaton and Toby Rouse

The House of Lords' ruling in Law Society v Sephton [2006] UKHL 22 raised important issues under the Limitation Act 1980 that will be significant to anyone bringing or defending claims in negligence, and in particular to professionals and their insurers. The judgment considers when, in cases of economic loss, damage is suffered so as to complete the action and start the six-year limitation period running.

Section 2 of the Act provides that the general limitation period for tort claims, including negligence, is six years from the date on which the cause of action accrues. A cause of action in negligence accrues when actual damage is first suffered as a result of the defendant's negligent act or omission. In cases involving ...

Jean-Yves Gilg
Editor
Solicitors Journal

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