Henderson v Temple Pier Company Ltd [1998] EWCA Civ 690 (23 April 1998)

Henderson v Temple Pier Company Ltd [1998] EWCA Civ 690 (23 April 1998)

A plaintiff is fixed with constructive knowledge of facts which her solicitors, acting with reasonable competence and diligence, ought to have acquired. The identity of the defendant was readily ascertainable and not a fact requiring expert advice. The plaintiff is therefore statute barred under section 11 Limitation Act 1980.

Citation
[1998] EWCA Civ 690
Parties
Plaintiff/respondent: Gennifer Henderson; Defendant/appellant: Temple Pier Company Limited
Jurisdiction
England and Wales
Judgment Date
23 April 1998
Procedural Posture
Personal Injury Claim / Appeal From County Court Decision
Outcome
Appeal allowed. Plaintiff's claim declared statute barred.
Legal Topics
Limitation of Actions, Personal Injury, Constructive Knowledge, Solicitor Negligence
Tort Law Civil Procedure Limitation of Actions Personal Injury Constructive Knowledge Solicitor Negligence

Case Brief

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Parties

Gennifer Henderson

Plaintiff/respondent

Temple Pier Company Limited

Defendant/appellant

Procedural Posture

Personal Injury Claim / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under section 11 Limitation Act 1980 due to constructive knowledge of the defendant's identity under section 14(3)
  2. 2 Whether a plaintiff is fixed with knowledge that her solicitors ought to have acquired in the course of acting for her

Ratio Decidendi

A plaintiff is fixed with constructive knowledge of facts which her solicitors, acting with reasonable competence and diligence, ought to have acquired. The identity of the defendant was readily ascertainable and not a fact requiring expert advice. The plaintiff is therefore statute barred under section 11 Limitation Act 1980.

Court Disposition

Appeal allowed. Plaintiff's claim declared statute barred.

Orders

  • Order of H. H. Judge Simpson set aside.
  • Declaration that the plaintiff's claim is statute barred pursuant to section 11 Limitation Act 1980.