PSGS TRUST CORPORATION LIMITED v AON UK LIMITED & Ors

PSGS TRUST CORPORATION LIMITED v AON UK LIMITED & Ors

The claimant has an arguable case that it did not acquire actual or constructive knowledge of the damage before the statutory limitation dates, and the context and reliance on defendants' advice precluded the need for independent inquiry; therefore, summary judgment on limitation grounds is refused. However, the...

Source-derived case information.

Parties
Claimant: PSGS Trust Corporation Limited; Defendant: AON UK Limited; Defendant: AON Consulting Limited; Defendant: AON Solutions Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Civil / Summary Judgment and Strike Out Application
Outcome
Summary judgment application dismissed; strike out application partially allowed.
Legal Topics
Limitation Period, Duty of Care, Retrospective Amendments, Continuing Duty, Summary Judgment, Strike Out
Pensions Professional Negligence Limitation Limitation Period Duty of Care Retrospective Amendments Continuing Duty Summary Judgment +1 more

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Summary, issues, holding and outcome

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Parties

PSGS Trust Corporation Limited

Claimant

AON UK Limited

Defendant

AON Consulting Limited

Defendant

AON Solutions Limited

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the claims are statute-barred under s.14A Limitation Act 1980
  2. 2 Whether the defendants owed and breached a continuing duty of care
  3. 3 Whether the claimants had actual or constructive knowledge of the damage before the statutory shut-off dates

Ratio Decidendi

The claimant has an arguable case that it did not acquire actual or constructive knowledge of the damage before the statutory limitation dates, and the context and reliance on defendants' advice precluded the need for independent inquiry; therefore, summary judgment on limitation grounds is refused. However, the claim for a continuing duty of care is struck out as untenable in law, following Capita, since no fresh cause of action arises after the original breach.

Court Disposition

Summary judgment application dismissed; strike out application partially allowed.

Orders

  • Paragraph 77 of the draft Re-Amended Particulars of Claim struck out.
  • Claims proceed to trial on limitation issues.