Knowledge of the cause of action was sufficiently established by the seeking of professional advice, to set the limitation period running. The act of making the request indicated a sufficient awareness. Citations: Independent 12-Oct-1995 Statutes: Limitation Act 1980 14A(5) Jurisdiction: England and Wales Limitation Updated: 20 December 2022; Ref: scu.90557
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised. Held: Mere knowledge of the damage of which complaint is later made, is not sufficient to start time running. Hoffmann LJ emphasised the statutory words ‘attributable … Continue reading Hallam-Eames and Others v Merrett Syndicates Ltd and Others: CA 25 Jan 1995
Application by the 3rd Defendant for summary judgment on, or strike out of, the claims brought against it on the grounds that they are statute-barred. Judges: Nugee J Citations: [2020] EWHC 1022 (Ch) Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Limitation, Negligence Updated: 20 November 2022; Ref: scu.650541
Judges: Hart J Citations: [2005] EWHC 1382 (Ch) Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Professional Negligence, Limitation Updated: 27 September 2022; Ref: scu.228236
The builder replied to a claim in negligence that it was out of time. They had built a concrete base for a kennels. The claimant said that they had not constructed proper foundations, and that he had come to know this only within the limitation period when it began to crack. Judges: Eder J Citations: … Continue reading Eagle v Redlime Ltd: QBD 4 Apr 2011
The claimant’s bungalow suffered subsidence. Repair works were undertaken as advised by the defendants, but unsuccessfully. The claimant’s insurers instructed experts negotiators to investigate with a view to a claim. The defendants now claimed the action was out of time, since the knowledge of the defects acquired by the loss adjusters was to be imputed … Continue reading Graham v Entec Europe Ltd (T/A Exploration Associates): CA 6 Aug 2003
PENSIONS – PROFESSIONAL NEGLIGENCE – LIMITATION – Liability of scheme administrator – Delay in closing Barber Window – Defendant’s application to strike out and for summary judgment – Claimants’ application for permission to amend particulars of claim – Limitation Act 1980, ss 14A, 14B, 32 Judges: His Honour Judge Hodge QC Sitting as a Judge … Continue reading James Cropper Plc and Another v Aviva Life and Pensions UK Ltd: ChD 8 Jul 2022
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
Citations: [2001] EWCA Civ 1356 Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Limitation, Professional Negligence, Contract Updated: 13 June 2022; Ref: scu.201210
The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused to extend the period. The lack of prejudice to the defendant was not in itself … Continue reading Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001
The claimant needed correct medical advice and legal advice before she knew that she had settled her original personal injury claim at too low a figure. Citations: [2000] EWCA Civ 237, [2000] Lloyd’s Rep Med 394 Links: Bailii Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Cited by: Cited – Haward and others v … Continue reading Kathleen Magaret Oakes v Mr P W Hopcroft: CA 27 Jul 2000
Solicitors appealed a finding of professional negligence in the purchase of land which had been subject to restrictive covenants which had not been disclosed to the bank, saying that time had begun to run against the bank at a time when the bank accepted new clients as debtors under the security. Judges: Potter LJ, Sedley … Continue reading Crosse and Crosse (A Firm) v Lloyds Bank Plc: CA 16 Mar 2001
The claimant sought damages after having bought a house after receiving an allegedly negligent report on the concrete. She had asked to be allowed to add a third party (the local authority who had passed the building) as a defendant, but the request was outside the primary limitation period and was refused and again on … Continue reading Busby v Cooper; Busby v Abbey National plc; Busby v Lumby: CA 2 Apr 1996
In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, … Continue reading HF Pension Trustees Ltd v Ellison and Others: ChD 24 Feb 1999
Whether the Respondent/Claimant, Mrs Jacobs, can take advantage of the provisions of s.14A of the Limitation Act 1980 in order to pursue a claim in negligence against the Appellant/Defendant which is otherwise time-barred. Judges: Lord Justice Tomlinson Citations: [2014] EWCA Civ 1410 Links: Bailii Jurisdiction: England and Wales Limitation Updated: 07 May 2022; Ref: scu.538188
The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They … Continue reading Birmingham Midshires Building Society v Infields (A Firm): TCC 20 May 1999
If it was alleged that a lender could should have been aware of an overvaluation of a property so as to start the limitation clock, the owner must satisfy the court that it was reasonable at the time alleged for the lender have become obliged to obtain a retrospective valuation. That burden was not carried … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: CA 24 Apr 2000
Application by the defendants for disclosure and inspection of files of documents, which the claimant in the action says are protected by legal professional privilege or litigation privilege.Judge Havelock-Allen QC said: ‘ When it comes to proof of knowledge under section 14A , the assertion by a claimant that he was unaware of the material … Continue reading MAC Hotels Ltd v Rider Levett Bucknall UK Ltd: TCC 26 Feb 2010
The court was asked whether the judge was right to grant summary judgment striking down the first and third appellants’ negligence claims against their solicitors on the grounds that they were issued more than 3 years after they acquired ‘the knowledge required for bringing an action for damages in respect of the relevant damage’ within … Continue reading Blakemores Ldp v Scott and Another: CA 7 Oct 2015
The claimants had commenced proceedings claiming damages for the mis-selling and/or misrepresentations made in relation to 27 swaps transactions entered into with the defendant bank. Hamblen J [2014] EWHC 4621 (Comm) Bailii Limitation Act 1980 14A England and Wales Banking, Limitation Updated: 03 January 2022; Ref: scu.551049
His Honour Judge Lewis [2021] EWHC 3052 (QB) Bailii Limitation Act 1980 4A 32A England and Wales Defamation, Limitation Updated: 03 December 2021; Ref: scu.669938
The claimants appealed against rejection of their claim in negligence said to have been out of time. They had set out to sublet flats but their mistiming disallowed reclaiming of certain rents under the 1993 Act. Held: The two flats were to be considered seperately, and on that basis the claim under the second had … Continue reading St Anselm Development Company Ltd v Slaughter and May: ChD 1 Feb 2013
The claimant was the registered owner of a leasehold flat, allowing the defendant to live in the flat while he was out abroad. The defendant first re-mortgaged the property in the claimant’s name, forging the claimant’s signature on the mortgage deed, and then, on 2 April 2001, sold the flat to himself, posing as the … Continue reading Nouri v Marvi and Others: CA 14 Oct 2010
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and disproportionate restriction on its right to freedom of expression. Held: The rule did engage the claimants right of free … Continue reading Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom: ECHR 10 Mar 2009
Two actions for defamation were brought by the claimant against the defendant. The publication reported in detail allegations made against the claimant of criminal activities including money-laundering on a vast scale. They admitted the defamatory nature of the words, but claimed qualified Reynolds privilege. They said that as responsible journalists they had a duty to … Continue reading Loutchansky v The Times Newspapers Ltd and Others (Nos 2 to 5): CA 5 Dec 2001
After the court had sent its draft judgment to the parties, counsel on each side had written to the court making fresh submissions.
Held: Contentious matters should only be allowed to be re-opened in very limited circumstances once a draft . .
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The defendant resisted the plaintiff’s claim for personal injuries as out of time. His explanation for not pursuing inquiries with his solicitor was that he was an over-stayer who feared deportation. Held: Having good reason to make such inquiries, it was reasonable for him to do so despite his immigration status. Citations: [1997] 8 Med … Continue reading Coban v Aynur Allen F Barnes and Son (a Firm): CA 8 Oct 1996
Failure to get advice for fear of law enforcement not good reason to extend time. Citations: Times 14-Oct-1996 Statutes: Limitation Act 1980 14A Jurisdiction: England and Wales Limitation Updated: 31 October 2022; Ref: scu.79249
The plaintiffs had discovered that the defendant surveyors had negligently failed to observe that there was dry rot but did not start proceedings until other negligence was discovered more than six years later. Held: Although the negligent survey had led to two heads of loss there was only one cause of action. Since the plaintiffs … Continue reading Hamlin and Another v Edwin Evans (A Firm): CA 15 Jul 1996
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by the estimates, and time did not begin to run against them. Citations: Times 11-Oct-1999 … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: ChD 11 Oct 1999