Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB) (20 August 2020)

Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB) (20 August 2020)

The principle in Financial Services Compensation Scheme Ltd v Larnell does not apply to personal injury claims where the company is restored to the register; the court must consider limitation and the equities under s.33 Limitation Act 1980. The claim was statute-barred as the claimant's date of knowledge was mid-2007 and there was no basis to disapply the limitation period. Restoration of the company does not automatically suspend limitation for personal injury claims.

Citation
[2020] EWHC 2277 (QB)
Parties
Claimant/appellant: Mr Christopher Holmes; Defendant/respondent: S & B Concrete Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2020
Procedural Posture
Personal Injury Appeal / Appeal From County Court Decision on Preliminary Limitation Issue
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Restoration of Dissolved Companies, Third Party Rights Against Insurers, Discretion Under Limitation Act 1980 S.33
Personal Injury Company Law Insolvency Law Limitation Periods Restoration of Dissolved Companies Third Party Rights Against Insurers Discretion Under Limitation Act 1980 S.33

Case Brief

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Parties

Mr Christopher Holmes

Claimant/appellant

S & B Concrete Limited

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court Decision on Preliminary Limitation Issue

Legal Issues

  1. 1 Whether limitation period was suspended during company liquidation and restoration under Companies Act 2006
  2. 2 Whether claim for noise-induced hearing loss was statute-barred
  3. 3 Whether Financial Services Compensation Scheme Ltd v Larnell applies to personal injury claims against dissolved companies

Ratio Decidendi

The principle in Financial Services Compensation Scheme Ltd v Larnell does not apply to personal injury claims where the company is restored to the register; the court must consider limitation and the equities under s.33 Limitation Act 1980. The claim was statute-barred as the claimant's date of knowledge was mid-2007 and there was no basis to disapply the limitation period. Restoration of the company does not automatically suspend limitation for personal injury claims.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • No order for restoration of company to register for the purpose of this claim