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14 January 2026 News The Lawyer’s list of the Top 20 cases to be heard in the Courts of England and Wales in 2026 features Hipgnosis Music Limited (In Liquidation) v Merck Mercuriadis & Ors in which Forsters acts for the Claimant. The Forsters team is led by Partner and Head of Disputes, Benedict Walton, with support from Senior Associate Edward Richards and Associates Nicholas Owen, Frances Snowball and Saffy Sall.
Limitation periods reflect the uncontroversial principle that a defendant should not be exposed to a claim which the claimant has unreasonably delayed in pursuing. However, what should happen to the limitation period where the defendant is responsible for the claimant's delay, having concealed the facts underlying the cause of action? This is the issue which is addressed by ss.
It is well established that the English Court has discretion to excuse a party from performance of its procedural obligations in litigation where it considers that performing those obligations would give rise to an actual risk of prosecution in a foreign state: Bank Mellat v HM Treasury [2019] EWCA Civ 449.
Guest comment: Group claims - What pension trustees need to know Recovering pension losses through civil proceedings has always been an uphill struggle. This is particularly so during the pandemic, when even fewer claimants have the means to engage lawyers to untangle complex investment structures and identify fault on the part of those defendants with the deepest pockets (the investments generally having been structured to limit the liability of such defendants).
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