5 Apr 2012
JANICE HELENA PICKERING V PAUL COLIN MAX STRAUBEL HC CHCH CIV-2011-409-000463
- Citation
- openlaw-ad4dc580_5b84_447a_b926_a5c5753063af.pdf
- Court
- High Court
CERA s82 cannot be given retrospective effect to override or extend Limitation Act 1950 s4(1); s82 in any event does not empower the court to extend limitation periods for commencing proceedings because it applies to acts or steps in proceedings already before the court and the statutory purposes are forward‑looking; first cause (fiduciary duty) against first defendant disclosed no reasonably arguable cause given estate‑solicitor duties to the estate and plaintiff was separately represented; second cause (negligence) and mediator claim were time‑barred under s4(1) and, alternatively as to the…