Ellen Kay v Martineau Johnson (A firm)

Ellen Kay v Martineau Johnson (A firm)

Ms Kay had constructive knowledge of the facts necessary to bring a claim by 2009, or at the latest by 2018, and did not take all reasonable steps to obtain expert advice; impecuniosity did not excuse the delay. Therefore, the claim is statute-barred under section 14A of the Limitation Act 1980.

Parties
Claimant/appellant: Ellen Kay; Defendants/respondents: Martineau Johnson (A firm)
Jurisdiction
England and Wales
Judgment Date
03 May 2026
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Preliminary Issue (limitation)
Outcome
Appeal dismissed; claim is statute-barred.
Legal Topics
Limitation of Actions, Solicitor Negligence, Constructive Knowledge, Section 14 a Limitation Act 1980
Civil Procedure Professional Negligence Limitation of Actions Solicitor Negligence Constructive Knowledge Section 14 a Limitation Act 1980

Case Brief

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Parties

Ellen Kay

Claimant/appellant

Martineau Johnson (A firm)

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Preliminary Issue (limitation)

Legal Issues

  1. 1 Whether the claim for negligence against solicitors is statute-barred under the Limitation Act 1980
  2. 2 Whether section 14A of the Limitation Act 1980 extends the limitation period based on actual or constructive knowledge
  3. 3 Whether impecuniosity can delay constructive knowledge under section 14A(10)

Ratio Decidendi

Ms Kay had constructive knowledge of the facts necessary to bring a claim by 2009, or at the latest by 2018, and did not take all reasonable steps to obtain expert advice; impecuniosity did not excuse the delay. Therefore, the claim is statute-barred under section 14A of the Limitation Act 1980.

Court Disposition

Appeal dismissed; claim is statute-barred.

Orders

  • Appeal dismissed
  • Claim remains struck out as statute-barred