header-logo header-logo

Time pressure

25 October 2013 / Adrian Kwintner
Issue: 7581 / Categories: Features , Procedure & practice , Limitation
printer mail-detail
istock_000005139948medium

Adrian Kwintner reviews the s 14A special time limit for negligence actions

Recent cases on the extended limitation period under s 14A of the Limitation Act 1980 (LA 1980) show that defendants, and their insurers, should carefully review the nature and extent of a claimant’s knowledge of the “material facts”. Cases could be summarily dismissed by arguing the claimant had the requisite knowledge earlier than alleged.

Limitation Act 1980

Primary limitation for negligence actions in tort is six years from accrual of the cause of action. Section 14A provides an additional time limit for actions not involving personal injury. It applies where the claimant does not have knowledge of all the material facts at the date his cause of action accrues. The limitation period can then be extended to three years from the earliest date when the claimant had the knowledge required for bringing an action and a right to bring an action.

Necessity versus conviction

The High Court case of Roger Ward Associates Ltd v Britannia Assets (UK) Ltd [2013] EWHC 1653

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