Jacobs v Sesame Ltd [2014] EWCA Civ 1410 (30 October 2014)

Jacobs v Sesame Ltd [2014] EWCA Civ 1410 (30 October 2014)

By July 2009, Mrs Jacobs had constructive knowledge that her investment was defective and exposed to greater risk than suitable for her needs; she could reasonably have ascertained the lack of guarantee by reviewing product documents or seeking clarification. Therefore, the limitation period began then, and her claim is time-barred.

Citation
[2014] EWCA Civ 1410
Parties
Claimant / Respondent: Susan Jacobs; Defendant / Appellant: Sesame Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Appeal / Appeal From Bath County Court, Preliminary Issue on Limitation
Outcome
Appeal allowed; claim dismissed as time-barred.
Legal Topics
Limitation of Actions, Constructive Knowledge, Negligent Financial Advice, Section 14 a Limitation Act 1980
Civil Procedure Professional Negligence Financial Services Limitation of Actions Constructive Knowledge Negligent Financial Advice Section 14 a Limitation Act 1980

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Parties

Susan Jacobs

Claimant / Respondent

Sesame Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Bath County Court, Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the claimant had actual or constructive knowledge of damage sufficient to start the limitation period under s.14A Limitation Act 1980
  2. 2 Whether the claim was time-barred due to knowledge acquired by July 2009

Ratio Decidendi

By July 2009, Mrs Jacobs had constructive knowledge that her investment was defective and exposed to greater risk than suitable for her needs; she could reasonably have ascertained the lack of guarantee by reviewing product documents or seeking clarification. Therefore, the limitation period began then, and her claim is time-barred.

Court Disposition

Appeal allowed; claim dismissed as time-barred.

Orders

  • Set aside the order of 3 December 2013.
  • Declare the claim time-barred and dismiss the action.