Update On Limitation In Professional Negligence Claims

In our previous Law Now "Limitation in Professional Negligence Claims" we explained how the courts are increasingly finding that professional negligence claims will become time-barred 6 years after the date of advice, regardless of whether the claim is made in contract or tort.

The Court of Appeal has now confirmed this trend and has expressly recognised that the limitation periods in tort and contract ought broadly to be the same where a claim is essentially contractual in nature.

A professional's relationship with his or her client is usually contractual in nature. However, professional negligence claims tend to be made both in contract and in tort. Often this is done because the limitation period allowed for claims in negligence is perceived to be more generous than for those in contract.

For claims in contract, limitation will...