Dixon v Santander Asset Finance Plc & Anor [2021] EWHC 1044 (Ch) (26 April 2021)

Dixon v Santander Asset Finance Plc & Anor [2021] EWHC 1044 (Ch) (26 April 2021)

The claims are time-barred as the facts allegedly concealed by the defendants were not essential to complete the causes of action and were known or discoverable by Mr Dixon more than six years before the proceedings were issued. The requirements of s32(1)(b) Limitation Act 1980 are not met. The claims disclose no reasonable grounds and are struck out under CPR 3.4(2) and/or summary judgment is granted under CPR 24.2.

Citation
[2021] EWHC 1044 (Ch)
Parties
Claimant: Richard Dixon; First Defendant: Santander Asset Finance PLC; Second Defendant: Handelsbanken PLC
Jurisdiction
England and Wales
Judgment Date
26 April 2021
Procedural Posture
Civil Commercial/contract / Application for Strike Out And/or Summary Judgment
Outcome
Claims struck out and/or summary judgment granted for both defendants.
Legal Topics
Breach of Contract, Negligent Misstatement, Personal Guarantee, Limitation Periods, Deliberate Concealment, Summary Judgment, Strike Out Applications
Contract Law Banking and Finance Law Limitation Law Breach of Contract Negligent Misstatement Personal Guarantee Limitation Periods Deliberate Concealment +2 more

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Parties

Richard Dixon

Claimant

Santander Asset Finance PLC

First Defendant

Handelsbanken PLC

Second Defendant

Procedural Posture

Civil Commercial/contract / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claims against Santander and Handelsbanken are time-barred under the Limitation Act 1980.
  2. 2 Whether s32(1)(b) Limitation Act 1980 (deliberate concealment) postpones the limitation period.
  3. 3 Whether the claims disclose a reasonable cause of action or are an abuse of process.

Ratio Decidendi

The claims are time-barred as the facts allegedly concealed by the defendants were not essential to complete the causes of action and were known or discoverable by Mr Dixon more than six years before the proceedings were issued. The requirements of s32(1)(b) Limitation Act 1980 are not met. The claims disclose no reasonable grounds and are struck out under CPR 3.4(2) and/or summary judgment is granted under CPR 24.2.

Court Disposition

Claims struck out and/or summary judgment granted for both defendants.

Orders

  • Claim against Santander Asset Finance PLC struck out and/or summary judgment granted.
  • Claim against Handelsbanken PLC struck out and/or summary judgment granted.