Clare Dixon QC and Nicholas Broomfield consider the Supreme Court’s decision in Matthew v Sedman and whether it represents a departure from the established rule of limitation ‘Midnight deadline’ cases such as Gelmini and Matthew are distinct from cases where the cause of action accrues part way through a day and different principles apply. For …
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Wills & Trusts Law Reports | April 2014 #138The claimants were the administrators of their parents’ estates and they had engaged the defendants (a firm of solicitors and one of the firm’s legal executives) to advise them in the administration. The claimants commenced proceedings against the defendants for breach of duty and dishonestly procuring a secret profit in relation to the sale of the principal asset of the estate. Believing the matter to be time barred, the defendants made an application for summary judgment. The court allowed this application and dismissed the claims on the basis of expiration of the limitatio...
