For The Longest Time - Primary Limitation in Negligence

The Court of Appeal's decision in Williams v Lishman (April 2010) again saw a rejection of claimants' arguments on limitation issues. Building on recent authority concerning primary limitation in negligence, the judgment discusses how a new test, more favourable to claimants, may be needed in cases where the defendant has deliberately concealed the extent of the loss.

This case is likely to be of continuing relevance to professional defendants facing claims for losses resulting from advice dating back more than six years.

Background

Williams is only the latest in a series of cases in which claimants have sought to extend the six year primary limitation period in negligence, which runs from the date that actual (as opposed to potential or prospective) loss or damage is first suffered.