British Telecommunications Plc v Luck & Ors [2014] EWHC 290 (QB) (17 February 2014)

British Telecommunications Plc v Luck & Ors [2014] EWHC 290 (QB) (17 February 2014)

The claimants did not suffer actual loss upon transfer to EPS because their legal rights and pension scheme membership remained unchanged; actual loss was suffered only when they were removed from the BT pension scheme on 31 August 2002. Therefore, the tort claim was not time-barred and the Master's decision to refuse to strike out the tort claim and limitation defence was correct.

Citation
[2014] EWHC 290
Parties
Defendant/appellant: British Telecommunications PLC; Claimants/respondents: Michelle Luck and Others
Jurisdiction
England and Wales
Judgment Date
17 February 2014
Procedural Posture
Appeal / Appeal From Master Leslie's Order on Limitation and Strike Out Applications
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Misrepresentation, Pension Rights, TUPE Regulations, Strike Out Applications
Employment Law Tort Law Contract Law Limitation of Actions Misrepresentation Pension Rights TUPE Regulations Strike Out Applications

Case Brief

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Parties

British Telecommunications PLC

Defendant/appellant

Michelle Luck and Others

Claimants/respondents

Procedural Posture

Appeal / Appeal From Master Leslie's Order on Limitation and Strike Out Applications

Legal Issues

  1. 1 When did the cause of action in tort accrue for limitation purposes?
  2. 2 Did the claimants suffer actual damage upon transfer to EPS or only upon removal from the BT pension scheme?
  3. 3 Should the limitation defence to the tort claim be struck out?

Ratio Decidendi

The claimants did not suffer actual loss upon transfer to EPS because their legal rights and pension scheme membership remained unchanged; actual loss was suffered only when they were removed from the BT pension scheme on 31 August 2002. Therefore, the tort claim was not time-barred and the Master's decision to refuse to strike out the tort claim and limitation defence was correct.

Court Disposition

Appeal dismissed

Orders

  • Master's decision on accrual of cause of action in tort affirmed
  • Parties to agree on directions for further conduct of proceedings