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15 February 2007 / Shantanu Majumdar KC
Issue: 7260 / Categories: Features , Personal injury
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Haward v Fawcetts revisited

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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

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