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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll