Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd

Roger Ward Associates Ltd & Ors v Britannia Assets (UK) Ltd

The claimant failed to plead or prove a proper case under section 14A(4)(b) and adduce evidence of lack of knowledge; on the facts, the claimant had the requisite knowledge no later than 30 March 2007, so the claim is statute-barred.

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
Civil Appeal / Appeal From Decision on Summary Judgment/strike Out
Outcome
appeal allowed; claim struck out/summary judgment granted for defendants
Legal Topics
Limitation of Actions, Negligence, Summary Judgment, Strike Out Applications
Civil Procedure Tort Law Contract Law Limitation of Actions Negligence Summary Judgment Strike Out Applications

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

Civil Appeal / Appeal From Decision on Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the claim in tort is statute-barred under section 14A(4)(b) of the Limitation Act 1980
  2. 2 Whether the claimant had the requisite knowledge to bring the claim within the limitation period

Ratio Decidendi

The claimant failed to plead or prove a proper case under section 14A(4)(b) and adduce evidence of lack of knowledge; on the facts, the claimant had the requisite knowledge no later than 30 March 2007, so the claim is statute-barred.

Court Disposition

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

Orders

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