October 29, 2021
Daniel Kessler (led by Bridget Lucas QC from Fountain Court Chambers) appeared for the First Defendant in European Real Estate Debt Fund v Treon & Ors  EWHC 2866 (Ch), a £15m claim for deceit.
The Defendants successfully argued that the claim was time-barred, and the claimant could with reasonable diligence have brought their claim sooner. The judgment provides authority for the proposition that the Court must consider events which happened before the accrual of the cause of action when applying s.32 of the Limitation Act 1980. Here, the claimant failed to undertake reasonable due diligence, and then failed to bring the claim within 6 years of making their investment.
Daniel was instructed by Tim Ashdown and Victoria Watt from DMH Stallard.
Download the judgment.