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 evidence lack of requisite knowledge within three years before proceedings; on facts, claimant had knowledge no later than 30 March 2007, making the claim statute-barred under s.14A(4)(b) Limitation Act 1980.

Source-derived case information.

Citation
[2013] EWHC 1653 (QB)
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
Outcome
appeal allowed; claim struck out; summary judgment granted for defendants
Legal Topics
Limitation Period, Negligence, Statute Barred Claims, Knowledge Under Limitation Act
Civil Procedure Tort Law Contract Law Limitation Period Negligence Statute Barred Claims Knowledge Under Limitation Act

Source-derived case record

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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

Legal Issues

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

Ratio Decidendi

The claimant failed to plead or evidence lack of requisite knowledge within three years before proceedings; on facts, claimant had knowledge no later than 30 March 2007, making the claim statute-barred under s.14A(4)(b) Limitation Act 1980.

Court Disposition

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

Orders

  • Claimant's claim struck out
  • Summary judgment entered for defendants