Williams v Fanshaw Porter & Hazelhurst

Williams v Fanshaw Porter & Hazelhurst

Facts relevant to Ms Williams’s right of action (the consent order and its effect) were deliberately concealed from her by FP & H, acting through Mr Brown, who was under a duty to disclose them. The concealment was deliberate, regardless of Mr Brown’s motive or belief that the situation could be rectified. Therefore, the limitation period did not begin to run until Ms Williams discovered the concealment, and her action was not time-barred.

Parties
Claimant/appellant: Ms Elaine Williams; Defendants/respondents: Fanshaw Porter & Hazlehurst
Jurisdiction
England and Wales
Judgment Date
18 February 2004
Procedural Posture
Civil Appeal (professional Negligence) / Appeal From Manchester County Court, Limitation as Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Limitation Period, Deliberate Concealment, Solicitor Client Relationship, Section 32(1)(b) Limitation Act 1980
Professional Negligence Limitation Law Limitation Period Deliberate Concealment Solicitor Client Relationship Section 32(1)(b) Limitation Act 1980

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Parties

Ms Elaine Williams

Claimant/appellant

Fanshaw Porter & Hazlehurst

Defendants/respondents

Procedural Posture

Civil Appeal (professional Negligence) / Appeal From Manchester County Court, Limitation as Preliminary Issue

Legal Issues

  1. 1 Whether facts relevant to the claimant’s right of action were deliberately concealed by the defendant within the meaning of s.32(1)(b) Limitation Act 1980
  2. 2 Whether the limitation period was postponed due to such concealment

Ratio Decidendi

Facts relevant to Ms Williams’s right of action (the consent order and its effect) were deliberately concealed from her by FP & H, acting through Mr Brown, who was under a duty to disclose them. The concealment was deliberate, regardless of Mr Brown’s motive or belief that the situation could be rectified. Therefore, the limitation period did not begin to run until Ms Williams discovered the concealment, and her action was not time-barred.

Court Disposition

Appeal allowed

Orders

  • Declaration that Ms Williams’s claim against FP & H is not time-barred under the Limitation Act 1980