Harris Springs Ltd v Howes

Harris Springs Ltd v Howes

The claimant did not have actual or constructive knowledge of the material facts necessary to bring a claim for damages for professional negligence against the defendant until the floor slab cracked in 2003. Prior to that, the claimant reasonably relied on the defendant's advice, and neither the facts nor the advice received would have led a reasonable person to investigate further or suspect foundation inadequacy. Therefore, the claim is not statute barred under section 14A of the Limitation Act 1980.

Parties
Claimant: Harris Springs Limited; Defendant: David Howes
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Civil Negligence (professional Negligence) / Judgment on Preliminary Issue (limitation)
Outcome
Claim not statute barred; preliminary issue determined in claimant's favour; costs awarded to claimant; permission to appeal refused.
Legal Topics
Limitation Period, Knowledge Under Limitation Act, Professional Duty of Care, Constructive Knowledge, Statute Barred Claims
Tort Law Limitation Law Professional Negligence Limitation Period Knowledge Under Limitation Act Professional Duty of Care Constructive Knowledge Statute Barred Claims

Case Brief

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Parties

Harris Springs Limited

Claimant

David Howes

Defendant

Procedural Posture

Civil Negligence (professional Negligence) / Judgment on Preliminary Issue (limitation)

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 of the material facts necessary to bring a claim for damages for professional negligence against the defendant until the floor slab cracked in 2003. Prior to that, the claimant reasonably relied on the defendant's advice, and neither the facts nor the advice received would have led a reasonable person to investigate further or suspect foundation inadequacy. Therefore, the claim is not statute barred under section 14A of the Limitation Act 1980.

Court Disposition

Claim not statute barred; preliminary issue determined in claimant's favour; costs awarded to claimant; permission to appeal refused.

Orders

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