Evans-Lombe J said: ‘In my judgment, section 21(1) of the Limitation Act 1980, following the decision of Mr Justice Danckwerts in the G.L. Baker Ltd case and the obiter dicta of Lord Esher and Bowen LJ in Soar v Ashwell, is to be construed as applying to accessories to the fraudulent breaches of trust of others with the result that no period of limitation is applicable to claims against them. I do not read the decision of the House of Lords in the Dubai Aluminium case as authority to the contrary.’
Evans-Lombe J
[2008] EWHC 32 (Ch)
Bailii
Limitation Act 1980 21(1)
England and Wales
Cited by:
Cited – Williams v Central Bank of Nigeria QBD 8-Apr-2011
The claimant had been defrauded by a customer of the defendant bank. He brought a claim against the bank, saying that they knew or ought to have known of the fraudster’s activities, and were liable. The Bank denied that the UK courts had . .
Lists of cited by and citing cases may be incomplete.
Contract, Company, Limitation
Updated: 23 December 2021; Ref: scu.263773