Al-Rawas v Hassan Khan and Co (A Firm) and Another: CA 1 Feb 2017

Counterclaim not exempt from limitation by right

The claimant firms of solicitors sought to recover their fees from their former clients. In answer the defendants sought to say that they should be allowed to counterclaim in negligence saying that as a counterclaim, section 35(3) of the 1980 Act operated to allow the counterclaim as of right.
Held: That was not the effect of the subsection.

Elias, Sharp LJJ, Green J
[2017] EWCA Civ 42, [2017] WLR(D) 64, [2017] PNLR 13, [2017] 1 WLR 2301
Bailii, WLRD
Limitation Act 1980 35(3)
England and Wales


Updated: 10 November 2021; Ref: scu.573865