Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd [2013] EWHC 1653 (QB) (14 June 2013)

Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd [2013] EWHC 1653 (QB) (14 June 2013)

The claimant failed to plead or adduce evidence of lacking the requisite knowledge within three years before proceedings; on the agreed facts, the claimant had the necessary knowledge by 30 March 2007 at the latest, so the claim is statute-barred under s.14A(4)(b) Limitation Act 1980.

Citation
[2013] EWHC 1653
Parties
Appellant/defendant: Roger Ward Associates Limited; Appellant/defendant: Ward Associates; Appellant/defendant: Roger Frank Ward; Respondent/claimant: Britannia Assets (UK) Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Strike Out Claim And/or Summary Judgment
Outcome
appeal allowed; claim struck out and/or summary judgment granted for defendants
Legal Topics
Limitation of Actions, Negligence, Breach of Contract, Knowledge Under Limitation Act 1980 S.14 a
Civil Procedure Tort Contract Limitation of Actions Negligence Breach of Contract Knowledge Under Limitation Act 1980 S.14 a

Case Brief

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Parties

Roger Ward Associates Limited

Appellant/defendant

Ward Associates

Appellant/defendant

Roger Frank Ward

Appellant/defendant

Britannia Assets (UK) Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Strike Out Claim And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim in tort is statute-barred under Limitation Act 1980 s.14A
  2. 2 Whether the claimant had the requisite knowledge for limitation purposes more than three years before proceedings commenced
  3. 3 Whether the claimant advanced a proper case under s.14A(4)(b)

Ratio Decidendi

The claimant failed to plead or adduce evidence of lacking the requisite knowledge within three years before proceedings; on the agreed facts, the claimant had the necessary knowledge by 30 March 2007 at the latest, so the claim is statute-barred under s.14A(4)(b) Limitation Act 1980.

Court Disposition

appeal allowed; claim struck out and/or summary judgment granted for defendants

Orders

  • Claimant's claim struck out and/or summary judgment entered for defendants
  • All consequential matters to be dealt with at a further hearing or in writing