Limitation period on a counterclaim – section 35 Limitation Act 1980

A party brings a claim within the limitation period, but can the defendant counterclaim, even though the limitation period for their own claim expired before the claimant’s claim was issued? In Al-Rawas v Hassan Khan & Co (a firm) [2017] EWCA Civ 42, the Court of Appeal considered the effect of s. 35 of the Limitation Act 1980 on the limitation period of an original set off or counterclaim and ruled that the answer to the question was “no”.

Commercial Bar Association – The Brexit Papers

A series of papers on the effect of Brexit on many areas of commercial practice

Airbnb users’ accident: gig economy back in the spotlight

It seems that the legal implications of the so-called gig economy could be tested again, just a month after the Employment Tribunal considered that Uber,...

Court of Appeal Allows Appeal in Yadly Marketing

Arfan Khan was instructed as lead Counsel and led on the appeal. The appeal was allowed. The case is reported as Yadly Marketing v Secretary of State for the Home Department [2016] WLR (D) 621; [2016] EWCA Civ 1143.

Court of Appeal confirms Costs Liability of Unsuccessful Funders

In Excalibur Ventures LLC v Texas Keystone Inc & Others [2016] EWCA Civ 1144 the claimant had entered into a conditional fee agreement with its solicitors and obtained third party funding in order to pursue its claim.