Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)

Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)

The claim is statute-barred because the cause of action accrued in January 2004 when the alleged breach occurred, and there was no deliberate concealment by the defendant to postpone the limitation period under s32 of the Limitation Act 1980. Knowledge of the reason for the breach is not required to complete the cause of action. Even if it were, the claimant knew or could have discovered the relevant facts by early 2004 with reasonable diligence.

Citation
[2012] EWHC 3523 (QB)
Parties
Appellant / Defendant: Ford & Warren; Respondent / Claimant: Dr. Kenneth Warring-Davies
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Appeal (from County Court) / Judgment on Appeal Against Refusal to Strike Out Claim (limitation)
Outcome
Appeal allowed; claim dismissed as statute-barred.
Legal Topics
Limitation Period, Deliberate Concealment, Breach of Contract, Breach of Fiduciary Duty, Solicitor's Duties
Contract Law Professional Negligence Limitation Limitation Period Deliberate Concealment Breach of Contract Breach of Fiduciary Duty Solicitor's Duties

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Parties

Ford & Warren

Appellant / Defendant

Dr. Kenneth Warring-Davies

Respondent / Claimant

Procedural Posture

Appeal (from County Court) / Judgment on Appeal Against Refusal to Strike Out Claim (limitation)

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 Whether deliberate concealment under s32 of the Limitation Act applies
  3. 3 Whether knowledge of the reason for breach is required to complete the cause of action

Ratio Decidendi

The claim is statute-barred because the cause of action accrued in January 2004 when the alleged breach occurred, and there was no deliberate concealment by the defendant to postpone the limitation period under s32 of the Limitation Act 1980. Knowledge of the reason for the breach is not required to complete the cause of action. Even if it were, the claimant knew or could have discovered the relevant facts by early 2004 with reasonable diligence.

Court Disposition

Appeal allowed; claim dismissed as statute-barred.

Orders

  • Claimant's claim dismissed as statute-barred under the Limitation Act 1980.
  • Defendant's appeal against the judgment of Judge Spencer allowed.