Home / Dispute Resolution / Pre-action and limitation / Limitation

Legal News

Limitation—whether a claimant could have discovered fraud with 'reasonable diligence' extends to events prior to accrual of the cause of action (European Real Estate Debt Fund v Treon)

Copyright © 2025 LexisNexis

Published on: 21 January 2022

Published by a LexisNexis Dispute Resolution expert

Table of contents

Facts
High Court decision
Comment

Article summary

Dispute Resolution analysis: The High Court found that, when considering the postponement of the limitation period for the purposes of section 32(1) of the Limitation Act 1980 (LA 1980), the question of whether the claimant could have discovered the fraud with 'reasonable diligence' extends to the period before the claimant suffered a loss. Caroline Mester and Jonathan Cary, associate and partner, respectively, at RPC LLP discuss the decision.

Popular documents

Limitation—tort claims

Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, with particular focus on joint tortfeasors, concurrent duties between contract and tort claims,

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-Action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?We have assumed that It is assumed

Non-compliance with pre-action provisions

Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being sanctioned and what those sanctions might be.For more general guidance on the extent to which

What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of

What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act