Trilogy Management Ltd v Harcus Sinclair (A Firm)
The claim is statute barred as the claimant could reasonably have discovered the alleged breach long before October 2013; there is no prospect of establishing deliberate concealment postponing the limitation period under section 32 of the Limitation Act 1980.
- Parties
- Claimant: Trilogy Management Limited; Defendant: Harcus Sinclair
- Jurisdiction
- England and Wales
- Judgment Date
- 19 May 2017
- Procedural Posture
- Civil / Summary Judgment Application and Strike Out
- Outcome
- Summary judgment for the defendant; claim struck out as statute barred.
- Legal Topics
- Duty of Care, Limitation Period, Deliberate Concealment, Negligence, Summary Judgment
Case Brief
Summary, issues, holding and outcome
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Parties
Trilogy Management Limited
Claimant
Harcus Sinclair
Defendant
Procedural Posture
Civil / Summary Judgment Application and Strike Out
Legal Issues
- 1 Whether the defendant owed a duty of care to the claimant not to act without instructions from its client
- 2 Whether the claim is statute barred under the Limitation Act 1980
- 3 Whether deliberate concealment postpones the limitation period
Ratio Decidendi
The claim is statute barred as the claimant could reasonably have discovered the alleged breach long before October 2013; there is no prospect of establishing deliberate concealment postponing the limitation period under section 32 of the Limitation Act 1980.
Court Disposition
Summary judgment for the defendant; claim struck out as statute barred.
Orders
- Claimant's Amended Particulars of Claim and Amended Reply struck out.
- Summary judgment entered for the defendant.
Full Case Text
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