Jacobs v Sesame Ltd

Jacobs v Sesame Ltd

Mrs Jacobs had constructive knowledge by July 2009 that her investment was defective and not guaranteed, and could reasonably have discovered the true position by reviewing product literature or seeking clarification; thus, her claim was time-barred under s.14A.

Parties
Claimant/respondent: Susan Jacobs; Defendant/appellant: Sesame Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Appeal / Appeal From Bath County Court, Preliminary Issue on Limitation
Outcome
Appeal allowed; claim dismissed as time-barred.
Legal Topics
Limitation Period, Constructive Knowledge, Financial Advice Negligence
Civil Procedure Negligence Limitation of Actions Limitation Period Constructive Knowledge Financial Advice Negligence

Case Brief

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Parties

Susan Jacobs

Claimant/respondent

Sesame Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Bath County Court, Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the claimant can rely on s.14A Limitation Act 1980 to pursue a negligence claim otherwise time-barred
  2. 2 When the claimant acquired actual or constructive knowledge of damage attributable to alleged negligence

Ratio Decidendi

Mrs Jacobs had constructive knowledge by July 2009 that her investment was defective and not guaranteed, and could reasonably have discovered the true position by reviewing product literature or seeking clarification; thus, her claim was time-barred under s.14A.

Court Disposition

Appeal allowed; claim dismissed as time-barred.

Orders

  • Judge's order of 3 December 2013 set aside.
  • Declaration that the entirety of Mrs Jacobs' claim is time-barred.