Limitation of actions and causation

Gaughan v Tony McDonagh & Co Ltd [2005] EWHC 739 (Comm) is a short judgment of Gloster J, concerned with the running of time for an action for breach of duty against a firm of insurance brokers and also the possible existence of the defence that the insurers would have refused to pay whether or not there had been a breach of duty. These matters came before Gloster J by way of an application by the brokers for summary judgment or in the alternative for a striking out of the proceedings, on the basis that the claimant was bound to fail. Gloster J refused the applications. The applications were decided on the basis of assumed facts .