Lenderink-Woods v Zurich Assurance Ltd & Ors

The claimant has a real prospect of establishing at trial that she did not have actual or constructive knowledge of the material facts founding her claim prior to 10 December 2011, and that expert evidence may support her case regarding breach of duty; summary judgment is therefore inappropriate.

Parties: Claimant: Angela Lenderink-Woods; First Defendant: Zurich Assurance Limited; Second Defendant: Zurich Advice Network Limited; Third Defendant: Cherry Lenderink
Jurisdiction: England and Wales
Judgment Date: 14 December 2015
Procedural Posture: Civil / Summary Judgment Application
Outcome: Application for summary judgment dismissed
Legal Topics: Financial Advice Liability, Inheritance Tax Planning, Constructive Knowledge, Limitation Act Section 14 a

Professional Negligence Limitation of Actions Financial Advice Liability Inheritance Tax Planning Constructive Knowledge Limitation Act Section 14 a

Case Brief

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Parties

Angela Lenderink-Woods

Claimant

Zurich Assurance Limited

First Defendant

Zurich Advice Network Limited

Second Defendant

Cherry Lenderink

Third Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether the claim is statute barred under section 14A of the Limitation Act 1980
2 Whether the claimant had actual or constructive knowledge of the facts founding her claim prior to 10 December 2011
3 Whether the advice given by Mr Davies breached the duty of care owed to the claimant

Ratio Decidendi

Court Disposition

Application for summary judgment dismissed

Orders

Costs and further directions to be addressed in written submissions
If no agreed order, claimant to submit by noon 11 January 2016, defendants by noon 15 January 2016