Ford & Warren v Warring- Davies

Ford & Warren v Warring- Davies

The claim is statute-barred because the cause of action for breach of contract/duty accrued in January 2004 when the alleged breach occurred and the deal was lost. The claimant's knowledge of the reason for the defendant's failure to complete the agreements was not necessary to complete the cause of action. There was no deliberate concealment by the defendant, and even if there had been, the claimant could with reasonable diligence have discovered the relevant facts by February 2004. Section 32 of the Limitation Act 1980 does not assist the claimant.

Parties
Appellant/defendant: Ford & Warren; Respondent/claimant: Dr. Kenneth Warring-Davies
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Civil Appeal / Appeal From Bradford County Court; Application to Strike Out Claim on Grounds of Limitation
Outcome
Appeal allowed; claim dismissed as statute-barred
Legal Topics
Breach of Contract, Breach of Duty, Limitation Periods, Deliberate Concealment, Section 32 Limitation Act 1980
Contract Law Professional Negligence Limitation of Actions Breach of Contract Breach of Duty Limitation Periods Deliberate Concealment Section 32 Limitation Act 1980

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Parties

Ford & Warren

Appellant/defendant

Dr. Kenneth Warring-Davies

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Bradford County Court; Application to Strike Out Claim on Grounds of Limitation

Legal Issues

  1. 1 Whether the claim for breach of contract/duty is statute-barred under the Limitation Act 1980
  2. 2 Whether there was deliberate concealment by the defendant sufficient to postpone the limitation period under section 32 of the Limitation Act 1980
  3. 3 Whether the claimant's knowledge of the reason for non-completion of agreements was necessary to complete the cause of action

Ratio Decidendi

The claim is statute-barred because the cause of action for breach of contract/duty accrued in January 2004 when the alleged breach occurred and the deal was lost. The claimant's knowledge of the reason for the defendant's failure to complete the agreements was not necessary to complete the cause of action. There was no deliberate concealment by the defendant, and even if there had been, the claimant could with reasonable diligence have discovered the relevant facts by February 2004. Section 32 of the Limitation Act 1980 does not assist the claimant.

Court Disposition

Appeal allowed; claim dismissed as statute-barred

Orders

  • The defendant's appeal is allowed.
  • The claimant's claim is dismissed as statute-barred.