Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) (27 November 2017)

Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) (27 November 2017)

Where the cause of action accrues at the very first moment of a day, that day is included in the computation of the limitation period under the Limitation Act 1980. The limitation period in this case began on 3 June 2011 and expired at the end of 2 June 2017. The claim issued on 5 June 2017 was therefore out of time.

Citation
[2017] EWHC 3527 (Ch)
Parties
Claimants: Peter Matthew & 5 Others; Defendants: Barrie Sedman & 2 Others
Jurisdiction
England and Wales
Judgment Date
27 November 2017
Procedural Posture
Civil / Summary Judgment Application on Limitation Point
Outcome
Summary judgment granted for the defendants on the limitation defence in relation to the Welcome claim.
Legal Topics
Limitation Period Calculation, Breach of Trust, Negligence by Trustees, Summary Judgment, Computation of Time Under Limitation Act 1980
Trusts Limitation Civil Procedure Limitation Period Calculation Breach of Trust Negligence by Trustees Summary Judgment Computation of Time Under Limitation Act 1980

Case Brief

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Parties

Peter Matthew & 5 Others

Claimants

Barrie Sedman & 2 Others

Defendants

Procedural Posture

Civil / Summary Judgment Application on Limitation Point

Legal Issues

  1. 1 Whether the day on which a cause of action is completely constituted at the very first moment should be included or excluded in calculating the six-year limitation period under the Limitation Act 1980
  2. 2 Whether the claim was issued within the limitation period

Ratio Decidendi

Where the cause of action accrues at the very first moment of a day, that day is included in the computation of the limitation period under the Limitation Act 1980. The limitation period in this case began on 3 June 2011 and expired at the end of 2 June 2017. The claim issued on 5 June 2017 was therefore out of time.

Court Disposition

Summary judgment granted for the defendants on the limitation defence in relation to the Welcome claim.

Orders

  • Summary judgment for the defendants on the Welcome claim under CPR 24.
  • Claim in respect of the Welcome scheme dismissed as statute-barred.