JUDGMENT ON THE LIMITATION PERIOD FOR COMPENSATION CLAIM

This is an appeal from the judgment of HHJ Hodge QC sitting as a Judge of the High Court in the Manchester Civil Justice Centre on 27 November 2017. The case concerns the calculation of the limitation period for a claim against trustees, which itself turns on a failure to claim under a court-sanctioned scheme of arrangement.

The Respondents were trustees of a trust which could make a claim under a scheme of arrangement. They failed to make a claim on or before the bar date under the scheme of arrangement, which was midnight on Thursday 2 June 2011. The Appellants issued a claim form on Monday 5 June 2017 seeking a remedy from the Respondents for their failure to make the claim. In response, the Respondents argued that the Appellants’ claim was brought after the expiry of the relevant limitation periods.

The Judges were concerned only with Ground 2 of the case which was in error as to the limitation date for legal action.

Link for download: JUDGMENT ON THE LIMITATION PERIOD FOR COMPENSATION CLAIM 

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