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Lack of clarity: judgment reflects complexity

  • Comment

Susan Lindsey's view (AJ 18.1.01) that the guidance in the judgement of our recent limitation case against Pollard Thomas and Edwards is 'helpful and clear' should be approached with some caution.

While Justice Tyson found against us on all three grounds of our claim (limitation in contract, in tort and under the Latent Damage Act), he also granted us immediate leave to appeal against his judgment - on all three grounds. Implicit in this is a recognition of the argument on both sides and of the inability of current law to deal clearly with such issues of limitation.

The appeal is due to be heard in November.

Roger Barcroft, Systems and Audit Manager, New Islington and Hackney Housing Association, London EC2

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