Time Waits For No Man

The recent Court of Appeal decision in Shore v Sedgwick Financial Services Ltd (2008), which concerned a claim against an Independent Financial Adviser (IFA) for negligent advice in relation to a pension scheme, provides evidence of the problems facing the courts in applying the principles of limitation law, which in recent years have become increasingly uncertain and fact sensitive.

In Shore, one of the issues for the Court was at what point had the claimant suffered "damage" (thereby giving rise to the cause of action) for the purpose of determining when the limitation period applicable to tortious claims starts to run. This has proved to be a thorny issue for the courts, particularly in circumstances where losses are contingent on future events.