James Cropper Plc & Anor v Aviva Life and Pensions UK Limited

James Cropper Plc & Anor v Aviva Life and Pensions UK Limited

The claimants have a realistic prospect of success on limitation, as relevant knowledge for s.14A only arose in 2017 and breaches continued after 15 December 2002, including misstatements in actuarial reports. Amendments to particulars of claim do not constitute new causes of action but extend the pleaded retainer...

Source-derived case information.

Parties
Claimant: James Cropper Plc; Claimant: Entrust Pension Limited; Defendant: Aviva Life and Pensions UK Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Professional Negligence / Interlocutory Applications—strike Out/summary Judgment and Amendment of Particulars of Claim
Outcome
Aviva's application to strike out and for summary judgment dismissed; claimants' application to amend particulars of claim allowed.
Legal Topics
Scheme Administration Liability, Equalisation of Retirement Dates, Limitation Act 1980—sections 14 a, 14 B, 32, Strike Out and Summary Judgment, Amendment of Pleadings
Pensions Professional Negligence Limitation Scheme Administration Liability Equalisation of Retirement Dates Limitation Act 1980—sections 14 A, 14 B, 32 Strike Out and Summary Judgment Amendment of Pleadings

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Parties

James Cropper Plc

Claimant

Entrust Pension Limited

Claimant

Aviva Life and Pensions UK Limited

Defendant

Procedural Posture

Professional Negligence / Interlocutory Applications—strike Out/summary Judgment and Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the claim against Aviva is statute-barred under Limitation Act 1980 ss 14A, 14B, 32
  2. 2 Whether the particulars of claim disclose reasonable grounds for bringing the claim
  3. 3 Whether claimants should be permitted to amend particulars of claim to include further breaches and extend retainer period

Ratio Decidendi

The claimants have a realistic prospect of success on limitation, as relevant knowledge for s.14A only arose in 2017 and breaches continued after 15 December 2002, including misstatements in actuarial reports. Amendments to particulars of claim do not constitute new causes of action but extend the pleaded retainer and continue the same breaches. The claim is not statute-barred and should proceed to trial; amendments are permitted.

Court Disposition

Aviva's application to strike out and for summary judgment dismissed; claimants' application to amend particulars of claim allowed.

Orders

  • Claim proceeds to trial against Aviva.
  • Claimants permitted to amend particulars of claim as sought.