header-logo header-logo

Haward v Fawcetts revisited

15 February 2007 / Shantanu Majumdar KC
Issue: 7260 / Categories: Features , Personal injury
printer mail-detail

Shantanu Majumdar discusses the true significance of Haward v Fawcetts

Haward v Fawcetts (a firm) [2006] UKHL 9, [2006] 3 All ER 497, [2006] All ER (D) 07 (Mar) will be remembered as the first decision of the House of Lords on the Limitation Act 1980 (LA 1980), s 14A (see 156 NLJ 7217, p 476). However, the ratio of their Lordship’s decision can plausibly be seen as no more than the application of existing legal principles to the facts of the case before them rather than the establishment of any significant, new law. It is instead in certain obiter dicta that the case’s true importance lies.

Section 14A is concerned with the problem of latent damage in the tort of negligence where the claimant’s acquisition of knowledge that it has suffered damage is for some reason delayed (cf LA 1980, s 32, which makes special provision in relation to fraud, deliberate concealment and mistake). It provides a special three-year period of limitation from the starting date ie the date upon which the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll