Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)

Eagle v Redlime Ltd [2011] EWHC 838 (QB) (04 April 2011)

The claim is statute barred because, by 29 October 2006, the claimant had sufficient knowledge of the material facts about the damage and that it was attributable to the defendant's acts or omissions, such that it was reasonable to begin investigating a claim. The later expert report did not delay the start of the limitation period under s14A Limitation Act 1980.

Citation
[2011] EWHC 838 (QB)
Parties
Claimant: Clinton Eagle; Defendant: Redlime Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2011
Procedural Posture
Tort Claim (negligence) – Preliminary Issue on Limitation / Judgment on Preliminary Issue Regarding Limitation Under S14 a Limitation Act 1980
Outcome
Claim in tort is statute barred under s14A Limitation Act 1980.
Legal Topics
Limitation of Actions, Negligence, Construction Disputes
Tort Law Civil Procedure Limitation of Actions Negligence Construction Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Clinton Eagle

Claimant

Redlime Limited

Defendant

Procedural Posture

Tort Claim (negligence) – Preliminary Issue on Limitation / Judgment on Preliminary Issue Regarding Limitation Under S14 a Limitation Act 1980

Legal Issues

  1. 1 Whether the claimant's tort claim against the defendant is statute barred under section 14A of the Limitation Act 1980
  2. 2 When the claimant had the knowledge required for bringing an action for damages in respect of the relevant damage

Ratio Decidendi

The claim is statute barred because, by 29 October 2006, the claimant had sufficient knowledge of the material facts about the damage and that it was attributable to the defendant's acts or omissions, such that it was reasonable to begin investigating a claim. The later expert report did not delay the start of the limitation period under s14A Limitation Act 1980.

Court Disposition

Claim in tort is statute barred under s14A Limitation Act 1980.

Orders

  • Claim dismissed as statute barred
  • Parties to seek to agree an order including costs; in default, court to determine outstanding issues