Dixon v Santander Asset Finance Plc & Anor

Dixon v Santander Asset Finance Plc & Anor

Mr Dixon did not satisfy the statement of claim test under section 32(1)(b) Limitation Act 1980; the alleged concealed facts were not essential to complete the cause of action and were merely evidence. He had sufficient knowledge to plead his claims well before the limitation period expired, and reasonable diligence would have led to discovery within time. The claims are time-barred and should be struck out. There is no real prospect of success, no waiver of limitation, and no compelling reason for trial.

Parties
Claimant: Richard Dixon; First Defendant: Santander Asset Finance PLC; Second Defendant: Handelsbanken PLC
Jurisdiction
England and Wales
Judgment Date
26 April 2021
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claims struck out as time-barred; summary judgment granted for defendants.
Legal Topics
Limitation of Actions, Breach of Contract, Negligent Misstatement, Summary Judgment, Strike Out, Abuse of Process
Contract Law Tort Law Banking Law Limitation of Actions Breach of Contract Negligent Misstatement Summary Judgment Strike Out +1 more

Case Brief

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Parties

Richard Dixon

Claimant

Santander Asset Finance PLC

First Defendant

Handelsbanken PLC

Second Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claims against Santander and Handelsbanken are time-barred under the Limitation Act 1980
  2. 2 Whether section 32(1)(b) Limitation Act 1980 postpones the limitation period due to alleged deliberate concealment
  3. 3 Whether the claims should be struck out or summary judgment entered under CPR 3.4 and CPR 24

Ratio Decidendi

Mr Dixon did not satisfy the statement of claim test under section 32(1)(b) Limitation Act 1980; the alleged concealed facts were not essential to complete the cause of action and were merely evidence. He had sufficient knowledge to plead his claims well before the limitation period expired, and reasonable diligence would have led to discovery within time. The claims are time-barred and should be struck out. There is no real prospect of success, no waiver of limitation, and no compelling reason for trial.

Court Disposition

Claims struck out as time-barred; summary judgment granted for defendants.

Orders

  • Claims against Santander Asset Finance PLC and Handelsbanken PLC are struck out.
  • Summary judgment entered for Santander Asset Finance PLC and Handelsbanken PLC.