Seedo v El Gamal & Anor [2023] EWCA Civ 330 (30 March 2023)

Seedo v El Gamal & Anor [2023] EWCA Civ 330 (30 March 2023)

Limitation in fraud claims is assessed against the fraud as found by the court after trial, not merely as pleaded. Where a defendant deceives a claimant by multiple misrepresentations, limitation bars claims based on misrepresentations discovered more than six years before action, but does not bar claims based on misrepresentations discovered within six years, provided they constitute separate causes of action.

Citation
[2023] EWCA Civ 330
Parties
Claimant: Saddiq Omar Abu Seedo; Defendant/respondent: Fahmy El Gamal; Defendant/respondent: El Gamal and Co Ltd; Defendant/appellant: Amjad Salfiti
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Civil Appeal / Court of Appeal, Second Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Fraud, Deceit, Misrepresentation, Breach of Trust, Indemnity, Breach of Contract, Breach of Fiduciary Duty
Civil Procedure Property Law Trusts Professional Negligence Limitation Periods Fraud Deceit Misrepresentation +4 more

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Parties

Saddiq Omar Abu Seedo

Claimant

Fahmy El Gamal

Defendant/respondent

El Gamal and Co Ltd

Defendant/respondent

Amjad Salfiti

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal, Second Appeal From High Court

Legal Issues

  1. 1 Whether claims of El Gamal and EGC against Salfiti are barred by limitation under s.32(1)(a) Limitation Act 1980 in deceit claims
  2. 2 Whether limitation is assessed against pleaded fraud or fraud as found by the court
  3. 3 Whether separate fraudulent misrepresentations constitute separate causes of action for limitation purposes

Ratio Decidendi

Limitation in fraud claims is assessed against the fraud as found by the court after trial, not merely as pleaded. Where a defendant deceives a claimant by multiple misrepresentations, limitation bars claims based on misrepresentations discovered more than six years before action, but does not bar claims based on misrepresentations discovered within six years, provided they constitute separate causes of action.

Court Disposition

Appeal dismissed

Orders

  • Claims based on first misrepresentation are statute-barred; claims based on second misrepresentation are not time-barred.
  • Mr Salfiti liable to indemnify Mr El Gamal and EGC for losses and costs arising from holding property on trust for Seedo.