Williams v Fanshaw Porter & Hazelhurst [2004] EWCA Civ 157 (18 February 2004)

Williams v Fanshaw Porter & Hazelhurst [2004] EWCA Civ 157 (18 February 2004)

The limitation period did not begin to run until the claimant discovered, or could with reasonable diligence have discovered, the facts deliberately concealed by the defendants—namely, the making of the consent order dismissing her claim against Dr Salahuddin. The defendants, through Mr Brown, deliberately withheld...

Source-derived case information.

Citation
[2004] EWCA Civ 157
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 Periods, Deliberate Concealment, Solicitor Client Duties, Section 32 Limitation Act 1980
Professional Negligence Limitation Law Limitation Periods Deliberate Concealment Solicitor Client Duties Section 32 Limitation Act 1980

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

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 the claim against the defendant solicitors was time-barred under the Limitation Act 1980
  2. 2 Whether facts relevant to the claimant's right of action were deliberately concealed within the meaning of s.32(1)(b) of the Limitation Act 1980

Ratio Decidendi

The limitation period did not begin to run until the claimant discovered, or could with reasonable diligence have discovered, the facts deliberately concealed by the defendants—namely, the making of the consent order dismissing her claim against Dr Salahuddin. The defendants, through Mr Brown, deliberately withheld this information from the claimant after 16 December 1994, and this concealment was sufficient to engage s.32(1)(b) of the Limitation Act 1980. The action was therefore not statute-barred.

Court Disposition

Appeal allowed

Orders

  • Declaration that Ms Williams's claim against Fanshaw Porter & Hazlehurst is not time-barred under the Limitation Act 1980