Cole & Ors v Scion Ltd & Ors [2020] EWHC 1022 (Ch) (30 April 2020)

Cole & Ors v Scion Ltd & Ors [2020] EWHC 1022 (Ch) (30 April 2020)

The application for summary judgment/strike out was dismissed because the court found that it was not appropriate to determine summarily whether the Claimants had the requisite knowledge under s.14A of the Limitation Act 1980. The October/November 2012 letters did not necessarily provide the Claimants (or a reasonable person in their position) with sufficient knowledge that they had suffered actionable damage, as required by s.14A. The issue of when the Claimants acquired actual or constructive knowledge required further investigation and was unsuitable for summary determination.

Citation
[2020] EWHC 1022 (Ch)
Parties
Claimants: Andrew Cole & others; Defendants: Scion Limited & others; 3rd Defendant: Carpenter Rees Ltd
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Civil (negligence, Limitation) / Summary Judgment/strike Out Application
Outcome
Application dismissed
Legal Topics
Limitation of Actions, Constructive Knowledge, Latent Damage, Vicarious Liability, Financial Advice, Investment Schemes
Civil Procedure Tort Law Professional Negligence Financial Services Limitation of Actions Constructive Knowledge Latent Damage Vicarious Liability +2 more

Case Brief

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Parties

Andrew Cole & others

Claimants

Scion Limited & others

Defendants

Carpenter Rees Ltd

3rd Defendant

Procedural Posture

Civil (negligence, Limitation) / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claims against Carpenter Rees Ltd are statute-barred under the Limitation Act 1980, s.14A
  2. 2 Whether the Claimants had actual or constructive knowledge of the facts necessary to bring a claim more than three years before proceedings were issued
  3. 3 Whether the October/November 2012 letters gave the Claimants the requisite knowledge to start time running under s.14A

Ratio Decidendi

The application for summary judgment/strike out was dismissed because the court found that it was not appropriate to determine summarily whether the Claimants had the requisite knowledge under s.14A of the Limitation Act 1980. The October/November 2012 letters did not necessarily provide the Claimants (or a reasonable person in their position) with sufficient knowledge that they had suffered actionable damage, as required by s.14A. The issue of when the Claimants acquired actual or constructive knowledge required further investigation and was unsuitable for summary determination.

Court Disposition

Application dismissed

Orders

  • Application for summary judgment/strike out by Carpenter Rees Ltd is dismissed.