Orrick defeats a $74 million professional negligence claim at the London High Court as the case is ruled time-barred under the six-year limitation period
Orrick, Herrington and Sutcliffe has secured a full victory in a professional negligence claim brought against it in the London High Court, after the court ruled on Tuesday that the claim was filed outside the six-year limitation period under English law. The underlying claim, valued at approximately $74 million, arose from legal advice Orrick provided to a Nigerian travel company. The court's finding that the claim was time-barred means the merits of the negligence allegation were not adjudicated: the case failed on a procedural threshold rather than on the substantive question of whether the advice was deficient. The limitation period for professional negligence claims in England and Wales is generally six years from the date the cause of action accrues, which in negligence cases is typically the date on which the claimant suffered actionable loss. The precise date on which that loss crystallised is frequently the central battleground in limitation disputes, particularly where advice was given over an extended period or where the consequences of deficient advice only became apparent gradually. The case is a reminder that the limitation clock in legal malpractice (professional negligence by a lawyer) litigation runs from loss, not from discovery of the error, unless the claimant can rely on a deliberate concealment argument or the statutory extension for latent damage under relevant legislation. For law firms defending professional negligence claims, early identification of limitation arguments is a critical first line of defence, and this ruling reinforces that London courts will apply those rules strictly.
Why this matters
This ruling is commercially significant because the London High Court is the primary venue for high-value professional negligence claims against law firms, and a successful limitation defence avoids the cost and reputational risk of a full merits trial. The case illustrates why law firms facing negligence claims invest heavily in early limitation analysis: if a claim can be defeated on time-bar grounds, no expert evidence on the quality of the underlying advice is required. For trainees and junior lawyers, the case reinforces the importance of running limitation audits on any threatened claim as the first step in defence strategy. The cross-border dimension, with a Nigerian client, Orrick as the US-origin defendant, and the London High Court as the forum, is increasingly typical of international professional negligence litigation, where English law is chosen as the governing law for legal retainers across jurisdictions.
On the Ground
A trainee supporting a professional negligence defence team would prepare a detailed chronology of all relevant dates (retainer commencement, advice dates, transaction completion, and when loss is alleged to have arisen) to support the limitation analysis, assist with the disclosure review and categorisation of the underlying file, and help paginate and index the trial bundle if the matter proceeds to a limitation hearing.
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“How does the limitation period work in a professional negligence claim against a law firm under English law, and when does time typically start to run?”
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