UCB Home Loans Corporation Ltd v Carr & Ors [2000] EWHC 557 (QB) (19 April 2000)

UCB Home Loans Corporation Ltd v Carr & Ors [2000] EWHC 557 (QB) (19 April 2000)

The Claimant, had it exercised reasonable diligence, could have discovered the causes of action by November 1992. The absence of adequate systems to detect third party claims does not excuse the Claimant. Therefore, the claims are subject to the limitation periods and are time-barred.

Citation
[2000] EWHC 557
Parties
Claimant: UCB Home Loans Corporation Limited; Defendant: Brian St. J. C. Carr; Defendant: Richard A. Vallance; Defendant: Philip E. Skerrett; Defendant: Collin J. A. Barrett; Defendant: Nigel G. J. Richards; Defendant: Christine M. Knibb; Defendant: Catherine Fehler; Defendant: Russell A. Levy
Jurisdiction
England and Wales
Judgment Date
19 April 2000
Procedural Posture
Civil / Trial of Preliminary Issues on Limitation
Outcome
Claims time-barred
Legal Topics
Limitation of Actions, Fraud, Breach of Trust, Negligence, Breach of Contract, Deceit
Civil Procedure Professional Negligence Trusts and Equity Limitation of Actions Fraud Breach of Trust Negligence Breach of Contract +1 more

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Parties

UCB Home Loans Corporation Limited

Claimant

Brian St. J. C. Carr

Defendant

Richard A. Vallance

Defendant

Philip E. Skerrett

Defendant

Collin J. A. Barrett

Defendant

Nigel G. J. Richards

Defendant

Christine M. Knibb

Defendant

Catherine Fehler

Defendant

Russell A. Levy

Defendant

Procedural Posture

Civil / Trial of Preliminary Issues on Limitation

Legal Issues

  1. 1 When did each cause of action accrue?
  2. 2 Does any limitation period apply to each cause of action and what is the relevant period?
  3. 3 What was the starting date for the Claimant's claim in negligence under section 14A(4)(b) of the Limitation Act 1980?

Ratio Decidendi

The Claimant, had it exercised reasonable diligence, could have discovered the causes of action by November 1992. The absence of adequate systems to detect third party claims does not excuse the Claimant. Therefore, the claims are subject to the limitation periods and are time-barred.

Court Disposition

Claims time-barred

Orders

  • The court finds that the Claimant could with reasonable diligence have discovered the causes of action by November 1992; accordingly, the claims are statute-barred under the Limitation Act 1980.