Solicitors’ PI: date of damage and section 2 of the Limitation Act 1980

This article was taken from CMS Cameron McKenna’s Law-Now briefing (19 June 2013)

By Anna Crew and Alys Jones, CMS Cameron McKenna

The recent Court of Appeal decision in Berney v Thomas Saul & Co Solicitors concerned the date of damage pursuant to section 2 of the Limitation Act 1980. The case concerned a claim for damages arising out of negligently handled litigation, where that litigation was settled at an alleged undervalue. The case reaffirms the principle that the date of damage will be the date at which the claimant suffered a quantifiable loss.