Harris Springs Ltd v Howes [2007] EWHC 3271 (TCC) (02 October 2007)

Harris Springs Ltd v Howes [2007] EWHC 3271 (TCC) (02 October 2007)

The claimant did not have actual or constructive knowledge required for bringing an action for damages in respect of the relevant damage earlier than three years before 28 July 2006, as the defendant continued to advise and reassure the claimant, and it was reasonable for the claimant to rely on that advice until the floor slab cracked in autumn 2003.

Citation
[2007] EWHC 3271 (TCC)
Parties
Claimant: Harris Springs Limited; Defendant: David Howes
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Preliminary Issue Trial (limitation Act 1980, S.14 A) / Judgment on Preliminary Issue Regarding Limitation Period
Outcome
Claim not statute barred; preliminary issue determined in favour of claimant.
Legal Topics
Limitation Period, Date of Knowledge, Negligence of Structural Engineer, Attribution of Knowledge to Principal Via Agent
Tort Professional Negligence Construction Law Limitation Period Date of Knowledge Negligence of Structural Engineer Attribution of Knowledge to Principal Via Agent

Case Brief

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Parties

Harris Springs Limited

Claimant

David Howes

Defendant

Procedural Posture

Preliminary Issue Trial (limitation Act 1980, S.14 A) / Judgment on Preliminary Issue Regarding Limitation Period

Legal Issues

  1. 1 Whether the claim is statute barred under section 14A of the Limitation Act 1980
  2. 2 When the claimant first had the knowledge required for bringing an action for damages in respect of the relevant damage

Ratio Decidendi

The claimant did not have actual or constructive knowledge required for bringing an action for damages in respect of the relevant damage earlier than three years before 28 July 2006, as the defendant continued to advise and reassure the claimant, and it was reasonable for the claimant to rely on that advice until the floor slab cracked in autumn 2003.

Court Disposition

Claim not statute barred; preliminary issue determined in favour of claimant.

Orders

  • It is declared that the claimant did not have the knowledge required for bringing an action for damages earlier than three years before 28 July 2006.
  • Defendant to pay the claimant's costs of the trial of the preliminary issue, subject to detailed assessment on the standard basis in default of agreement.