DMH Stallard welcomes High Court ruling

03 Nov 2021

DMH Stallard has welcomed the High Court ruling (27/10/21) that a claim against our client, the First Defendant,  should be dismissed.

The claim in European Real Estate Debt Fund v Treon & Ors [2021] EWHC 2866 (Ch) was a £15m damages claim for deceit.  DMH Stallard’s senior litigation partner, Tim Ashdown, led the First Defendant’s legal team, instructing Bridget Lucas QC from Fountain Court Chambers and Daniel Kessler from 4 Stone Buildings.  Expert evidence was provided by Chris Osborne of FRP Advisory.

The First Defendant’s team argued that the Claimant could, with reasonable diligence, have discovered the matters complained of earlier than they did.  As such they should have commenced the claim within the usual statutory time-limits.  The Judge, Mr Justice Miles, agreed, ruling  that the claim was ‘statute-barred and must therefore be dismissed’. 

The judgment provides authority for the proposition that the Court must consider events which happened before the cause of action arose when deciding whether to postpone the commencement of the limitation period.

Tim Ashdown, senior litigation partner at DMH Stallard, said:

“This decision has been a long-time coming.  The claim was notified in 2014 and proceedings issued in 2018.  It was concluded following a 15-day trial in June of this year.  The proceedings were hard-fought, but we achieved the result we needed for the client.  The counsel and expert team were first-class, as were the DMH team that supported me”.  

Further reading

DMH Stallard partner becomes trustee of ‘wonderful charity’

Blog, News & PR
Cathryn Culverhouse appointed a trustee and company secretary of Cherry Trees
Read more Read

DMH Stallard adds new partner to City office

Blog, News & PR
Highly respected and renowned divorce lawyer, Amanda Glass joins the firm
Read more Read

UK Immigration fees to surge in October

Legal Updates, News & PR
Prepare for significant changes in UK immigration and nationality fees as they are set to soar from October 4th, 2023. The UK government has introduced these fee revisions through recent legislation in Parliament, which will affect various aspects of immigration services.
Read more Read

A lesson in the rectification of wills following clerical error

A look back at the case of Mr & Mrs Rawlings, the first inheritance dispute case to reach the Supreme Court
Read more Read
  • Brighton - Jubilee St

    1 Jubilee Street


    East Sussex

    BN1 1GE

  • Brighton - Old Steine

    47 Old Steine


    East Sussex

    BN1 1NW

  • Gatwick

    Griffin House

    135 High Street


    West Sussex

    RH10 1DQ

  • Guildford

    Wonersh House

    The Guildway

    Old Portsmouth Road



    GU3 1LR

  • Hassocks

    32 Keymer Road


    West Sussex

    BN6 8AL

  • Horsham

    3rd Floor

    Afon Building

    Worthing Road


    West Sussex

    RH12 1TL

  • London

    6 New Street Square

    New Fetter Lane


    EC4A 3BF

  • Make an enquiry

    Make an enquiry


    Or head to our Contact us page