Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)

Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)

The claim is statute-barred because the cause of action accrued in January 2004 when the alleged breach occurred, and there was no deliberate concealment by the defendant to postpone the limitation period under Section 32 of the Limitation Act 1980. The claimant either knew or could with reasonable diligence have discovered the relevant facts by early 2004. The claimant's knowledge of the defendant's motive was not necessary for the cause of action to accrue.

Citation
[2012] EWHC 3523
Parties
Appellant / Defendant: Ford & Warren; Respondent / Claimant: Dr. Kenneth Warring-Davies
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Appeal / Appeal From Bradford County Court to High Court (queen's Bench Division)
Outcome
Appeal allowed; claim dismissed as statute-barred.
Legal Topics
Breach of Contract, Breach of Duty, Limitation Period, Deliberate Concealment, Section 32 Limitation Act 1980
Contract Law Professional Negligence Limitation Breach of Contract Breach of Duty Limitation Period Deliberate Concealment Section 32 Limitation Act 1980

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Parties

Ford & Warren

Appellant / Defendant

Dr. Kenneth Warring-Davies

Respondent / Claimant

Procedural Posture

Appeal / Appeal From Bradford County Court to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the claim for breach of contract/negligence against the defendant 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

Ratio Decidendi

The claim is statute-barred because the cause of action accrued in January 2004 when the alleged breach occurred, and there was no deliberate concealment by the defendant to postpone the limitation period under Section 32 of the Limitation Act 1980. The claimant either knew or could with reasonable diligence have discovered the relevant facts by early 2004. The claimant's knowledge of the defendant's motive was not necessary for the cause of action to accrue.

Court Disposition

Appeal allowed; claim dismissed as statute-barred.

Orders

  • The defendant's appeal is allowed.
  • The claimant's claim is dismissed.