Williams & Anor v Lishman, Sidwell, Campbell & Price Ltd & Ors

Williams & Anor v Lishman, Sidwell, Campbell & Price Ltd & Ors

The Claimants had actual or constructive knowledge of the material facts necessary to bring a claim by the end of 2002 or, at the latest, by mid-2003, and thus the claims are statute barred under Section 14A of the Limitation Act 1980. There was no continuing duty owed by the First Defendants after December 1997,...

Source-derived case information.

Parties
Claimant: John Williams; Claimant: Judith Anne Williams; First Defendant: Lishman, Sidwell, Campbell & Price Limited; Second Defendant: Retirement Asset Management Limited; Third Defendant: Northern Financial Management Limited; Fourth Defendant: Solicitors Financial Management Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Civil (negligence) / Application for Strike Out/summary Judgment on Limitation Grounds
Outcome
Applications by the First and Third Defendants granted; claims struck out/summary judgment entered.
Legal Topics
Limitation Period for Negligence, Section 14 a Limitation Act 1980, Section 32 Limitation Act 1980, Summary Judgment, Strike Out Applications
Tort Professional Negligence Limitation of Actions Limitation Period for Negligence Section 14 a Limitation Act 1980 Section 32 Limitation Act 1980 Summary Judgment Strike Out Applications

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Parties

John Williams

Claimant

Judith Anne Williams

Claimant

Lishman, Sidwell, Campbell & Price Limited

First Defendant

Retirement Asset Management Limited

Second Defendant

Northern Financial Management Limited

Third Defendant

Solicitors Financial Management Limited

Fourth Defendant

Procedural Posture

Civil (negligence) / Application for Strike Out/summary Judgment on Limitation Grounds

Legal Issues

  1. 1 Whether the claims against the First and Third Defendants are statute barred under the Limitation Act 1980
  2. 2 Whether Section 14A or Section 32 of the Limitation Act 1980 applies to extend the limitation period
  3. 3 Whether the First Defendants owed a continuing duty to the Claimants after 1997

Ratio Decidendi

The Claimants had actual or constructive knowledge of the material facts necessary to bring a claim by the end of 2002 or, at the latest, by mid-2003, and thus the claims are statute barred under Section 14A of the Limitation Act 1980. There was no continuing duty owed by the First Defendants after December 1997, and Section 32 does not apply as the alleged concealment of GA charges was not a fact relevant to the right of action but merely evidence that might improve prospects of success.

Court Disposition

Applications by the First and Third Defendants granted; claims struck out/summary judgment entered.

Orders

  • Entirety of the claim against the First Defendants struck out and/or summary judgment entered against the Claimants.
  • Paragraphs 43 and 44 of the Particulars of Claim against the Third Defendants struck out and/or summary judgment entered against the Claimants in respect of those claims.