Seton House Group Ltd & Anor v Mercer Ltd
Claimants were fixed with constructive knowledge of the relevant facts from the E&Y report and actuary's letter, and failed to show they took all reasonable steps to obtain expert advice; summary judgment on limitation grounds was properly granted.
- Parties
- Claimant/appellant: Seton House Group Ltd; Claimant/appellant: Britax Pensions Trust Ltd; Defendant/respondent: Mercer Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2014
- Procedural Posture
- Civil Appeal / Appeal From Summary Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Constructive Knowledge, Section 14 a Limitation Act 1980, Summary Judgment, Expert Evidence, Corporate Transactions, Retainer Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Seton House Group Ltd
Claimant/appellant
Britax Pensions Trust Ltd
Claimant/appellant
Mercer Ltd
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Legal Issues
- 1 Whether claimants had constructive knowledge for limitation purposes under s14A Limitation Act 1980
- 2 Whether claimants took all reasonable steps to obtain expert advice
- 3 Whether summary judgment was properly granted on limitation grounds
Ratio Decidendi
Claimants were fixed with constructive knowledge of the relevant facts from the E&Y report and actuary's letter, and failed to show they took all reasonable steps to obtain expert advice; summary judgment on limitation grounds was properly granted.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; summary judgment stands
- Parties to agree resulting order or contact court if hearing required
Full Case Text
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