Lee Witcomb v J Keith Park Solicitors
The claimant did not have knowledge of the material facts about the damage or that the damage was attributable to the defendant's acts or omissions until after January 2017, less than three years before proceedings were issued. Therefore, the claim was not statute barred under Section 14A Limitation Act 1980.
- Parties
- Claimant/respondent: Lee Witcomb; Defendant/appellant: J. Keith Park Solicitors
- Jurisdiction
- England and Wales
- Judgment Date
- 24 March 2023
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division) on Preliminary Issue of Limitation
- Outcome
- Appeal dismissed
- Legal Topics
- Section 14 a Limitation Act 1980, Solicitor's Duty of Care, Provisional Damages, Knowledge of Attribution, Material Facts Knowledge
Case Brief
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Parties
Lee Witcomb
Claimant/respondent
J. Keith Park Solicitors
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) on Preliminary Issue of Limitation
Legal Issues
- 1 Whether the claim was statute barred under Section 14A Limitation Act 1980
- 2 When the claimant acquired knowledge of material facts and attribution for limitation purposes
Ratio Decidendi
The claimant did not have knowledge of the material facts about the damage or that the damage was attributable to the defendant's acts or omissions until after January 2017, less than three years before proceedings were issued. Therefore, the claim was not statute barred under Section 14A Limitation Act 1980.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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