British Telecommunications Plc v Luck & Ors

British Telecommunications Plc v Luck & Ors

Actual damage for purposes of limitation in tort was suffered only when the claimants ceased to be members of the BT pension scheme on 31 August 2002, not when they transferred employment to EPS in August 2000. The claim in tort is therefore not time-barred.

Parties
Defendant/appellant: British Telecommunications PLC; Claimants/respondents: Michelle Luck and Others
Jurisdiction
England and Wales
Judgment Date
17 February 2014
Procedural Posture
Appeal / Judgment on Appeal Against Master Leslie's Decision Regarding Limitation and Strike Out Applications
Outcome
BT's appeal dismissed; Master's decision upheld.
Legal Topics
Limitation of Actions, Misrepresentation, TUPE Regulations, Pension Rights, Strike Out Applications
Employment Law Pensions Law Contract Law Tort Law Limitation of Actions Misrepresentation TUPE Regulations Pension Rights +1 more

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Parties

British Telecommunications PLC

Defendant/appellant

Michelle Luck and Others

Claimants/respondents

Procedural Posture

Appeal / Judgment on Appeal Against Master Leslie's Decision Regarding Limitation and Strike Out Applications

Legal Issues

  1. 1 When does actual damage accrue for purposes of limitation in tort?
  2. 2 Whether the claim in tort is time-barred under the Limitation Act 1980
  3. 3 Whether the claim in contract is time-barred

Ratio Decidendi

Actual damage for purposes of limitation in tort was suffered only when the claimants ceased to be members of the BT pension scheme on 31 August 2002, not when they transferred employment to EPS in August 2000. The claim in tort is therefore not time-barred.

Court Disposition

BT's appeal dismissed; Master's decision upheld.

Orders

  • The claim in tort is not struck out and is not time-barred.
  • The parties should agree on alterations to directions for trial.