Description
Limitation. In cases where a claim was struck out, the date of accrual of the cause of action was the date upon which the damage was incurred which for the majority of cases would be before the case was actually struck out. The retention of papers by solicitors under a valid lien did not give rise to a postponement of the limitation period under s. 32 of the Limitation Act 1980. There was no substantive basis for suspecting either that disclosure or expert evidence would reveal anything to assist the Claimants such that it would be inappropriate to grant summary judgment on the Limitation arguments. It was irrelevant that both negligence and loss had been admitted.
