Kimathi & Ors v Foreign And Commonwealth Office

Kimathi & Ors v Foreign And Commonwealth Office

The Claimants failed to prove that any fact relevant to their causes of action was deliberately concealed from them by the Defendant within the meaning of s26 Limitation Act 1939 or s32 Limitation Act 1980. The alleged concealment related to evidence, not essential facts. The Claimants had knowledge sufficient to plead their claims at the time of accrual. Therefore, the limitation period was not postponed, and the claims are time-barred, subject to any discretion under s33 Limitation Act 1980 for personal injury claims.

Parties
Claimants: Kimathi & ors; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
24 May 2018
Procedural Posture
Civil Group Litigation / Judgment on Preliminary Limitation Issue Under S26 Limitation Act 1939 and S32 Limitation Act 1980
Outcome
Claims time-barred under s26 Limitation Act 1939 and/or s32 Limitation Act 1980, subject to s33 discretion for personal injury claims.
Legal Topics
Deliberate Concealment, Limitation Periods, Personal Injury, Negligence, Vicarious Liability, Destruction of Evidence
Limitation Law Tort Law Civil Procedure Deliberate Concealment Limitation Periods Personal Injury Negligence Vicarious Liability +1 more

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Parties

Kimathi & ors

Claimants

Foreign and Commonwealth Office

Defendant

Procedural Posture

Civil Group Litigation / Judgment on Preliminary Limitation Issue Under S26 Limitation Act 1939 and S32 Limitation Act 1980

Legal Issues

  1. 1 Whether the Defendant deliberately concealed facts relevant to the Claimants’ right of action within the meaning of s26 Limitation Act 1939 and/or s32 Limitation Act 1980
  2. 2 Whether the limitation period was postponed due to alleged concealment or destruction of documents
  3. 3 Whether the Claimants had knowledge sufficient to plead their causes of action at the time of accrual

Ratio Decidendi

The Claimants failed to prove that any fact relevant to their causes of action was deliberately concealed from them by the Defendant within the meaning of s26 Limitation Act 1939 or s32 Limitation Act 1980. The alleged concealment related to evidence, not essential facts. The Claimants had knowledge sufficient to plead their claims at the time of accrual. Therefore, the limitation period was not postponed, and the claims are time-barred, subject to any discretion under s33 Limitation Act 1980 for personal injury claims.

Court Disposition

Claims time-barred under s26 Limitation Act 1939 and/or s32 Limitation Act 1980, subject to s33 discretion for personal injury claims.

Orders

  • All claims are statute barred except to the extent that s33 Limitation Act 1980 may apply to personal injury claims.
  • No postponement of limitation period under s26 Limitation Act 1939 or s32 Limitation Act 1980.