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 damage until they were removed from the BT pension scheme on 31 August 2002. Until that point, their legal position and pension rights remained unchanged despite the change of employer. Exposure to risk or vulnerability alone did not constitute actual loss. Therefore, the claim in tort was not time-barred and the Master's decision was correct.

Citation
[2014] EWHC 290 (QB)
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 in respect of alleged misrepresentations regarding pension rights on transfer of employment?
  2. 2 Whether the claim in tort is time-barred under the Limitation Act 1980?
  3. 3 Whether the claimants suffered actual damage at the time of transfer or only upon removal from the BT pension scheme?

Ratio Decidendi

The claimants did not suffer actual damage until they were removed from the BT pension scheme on 31 August 2002. Until that point, their legal position and pension rights remained unchanged despite the change of employer. Exposure to risk or vulnerability alone did not constitute actual loss. Therefore, the claim in tort was not time-barred and the Master's decision was correct.

Court Disposition

Appeal dismissed

Orders

  • Master's decision upheld: claim in tort not struck out; limitation defence to tort claim struck out; claim in contract struck out. Parties to agree on directions for further conduct of proceedings.