Booker & Anor v RT Financial Services UK Ltd [2016] EWHC 3186 (Ch) (17 November 2016)

Booker & Anor v RT Financial Services UK Ltd [2016] EWHC 3186 (Ch) (17 November 2016)

The claimants had knowledge of all relevant primary facts, including the identity of the defendant and the nature of the advice, before the critical limitation dates. Section 14A does not assist as knowledge of legal conclusions is irrelevant. Section 32 does not apply as there was no concealment of primary facts. The application to strike out succeeds as the claim is time-barred.

Citation
[2016] EWHC 3186 (Ch)
Parties
Claimants/respondents: Booker & Anor; Defendant/applicant: RT Financial Services UK Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Civil (financial Misadvice) / Application for Summary Judgment or Strike Out Prior to Defence
Outcome
Claim struck out as time-barred under the Limitation Act 1980.
Legal Topics
Limitation Periods, Summary Judgment, Strike Out Applications, Financial Advice Liability, Deliberate Concealment, Section 14 a Limitation Act 1980, Section 32 Limitation Act 1980
Civil Procedure Limitation Law Professional Negligence Limitation Periods Summary Judgment Strike Out Applications Financial Advice Liability Deliberate Concealment +2 more

Case Brief

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Parties

Booker & Anor

Claimants/respondents

RT Financial Services UK Limited

Defendant/applicant

Procedural Posture

Civil (financial Misadvice) / Application for Summary Judgment or Strike Out Prior to Defence

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether section 14A or section 32 of the Limitation Act 1980 extends or postpones the limitation period
  3. 3 Whether the application for strike out or summary judgment is premature

Ratio Decidendi

The claimants had knowledge of all relevant primary facts, including the identity of the defendant and the nature of the advice, before the critical limitation dates. Section 14A does not assist as knowledge of legal conclusions is irrelevant. Section 32 does not apply as there was no concealment of primary facts. The application to strike out succeeds as the claim is time-barred.

Court Disposition

Claim struck out as time-barred under the Limitation Act 1980.

Orders

  • Claim struck out under CPR 3.4 on limitation grounds.
  • Permission to appeal refused by the court.