The defendant solicitor appealed refusal of an order to strike out the claim. The claimant alleged breach of trust. The claimant asserted a fraudulent witholding of information to suggest that any breach of trust had happened. The defendant said that the claimant had sufficient knowledge independent of any concealment to begin the limitation period.
Held: If the facts asserted were established, a claim might be made out. The draconian powers of the court to strike out a claim should not be used, and the appeal failed.
Judges:
Saville LJ, Thorpe LJ, Judge LJ
Citations:
[1997] EWCA Civ 1909
Statutes:
Limitation Act 1980 32(1)(a) 32(1)(b)
Jurisdiction:
England and Wales
Citing:
Cited – C v Mirror Group Newspapers and Others CA 21-Jun-1996
Husband and wife were involved in a custody dispute. The father made serious but false allegations to the press. She now claimed in defamation, but he relied upon limitation. She said the facts had only become known to her much later.
Held: . .
Cited – Ronex Properties v. John Laing Construction Ltd CA 1983
The court considered a claim for contribution between tortfeasors. Donaldson LJ said: ‘The starting point of this submission is that a cause of action for contribution, under the Law Reform (Married Women and Tortfeasors) Act 1935, arises at the . .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 19 November 2022; Ref: scu.142305
