Holmes v S & B Concrete Ltd

Holmes v S & B Concrete Ltd

The principle in Financial Services Compensation Scheme Ltd v Larnell does not apply to personal injury claims where the claim is outside the liquidation and insurance cover is sufficient. Restoration of a company to the register does not automatically suspend the limitation period retrospectively for personal injury claims. The court retains discretion and must consider the merits of the limitation defence and the equities under section 33 of the Limitation Act 1980. As the claimant's date of knowledge was mid-2007 and there was no equitable basis to disapply limitation, the claim is statute-barred and the appeal is dismissed.

Parties
Claimant/appellant: Mr Christopher Holmes; Defendant/respondent: S & B Concrete Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2020
Procedural Posture
Appeal / Judgment on Appeal From County Court Preliminary Issue Decision
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Restoration of Dissolved Companies, Liquidation, Third Party Rights Against Insurers, Discretion Under Limitation Act Section 33
Civil Procedure Personal Injury Company Law Insolvency Limitation of Actions Restoration of Dissolved Companies Liquidation Third Party Rights Against Insurers +1 more

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Parties

Mr Christopher Holmes

Claimant/appellant

S & B Concrete Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Preliminary Issue Decision

Legal Issues

  1. 1 Whether limitation period was suspended during company liquidation for personal injury claim
  2. 2 Whether restoration of company to register retrospectively suspended limitation period
  3. 3 Whether Financial Services Compensation Scheme Ltd v Larnell applies to personal injury claims involving dissolved companies

Ratio Decidendi

The principle in Financial Services Compensation Scheme Ltd v Larnell does not apply to personal injury claims where the claim is outside the liquidation and insurance cover is sufficient. Restoration of a company to the register does not automatically suspend the limitation period retrospectively for personal injury claims. The court retains discretion and must consider the merits of the limitation defence and the equities under section 33 of the Limitation Act 1980. As the claimant's date of knowledge was mid-2007 and there was no equitable basis to disapply limitation, the claim is statute-barred and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • No order for restoration of company to register to proceed