Booker & Anor v RT Financial Services UK Ltd

Booker & Anor v RT Financial Services UK Ltd

The claimants possessed all relevant primary facts necessary for their cause of action before March 2012, including the identity of the defendant and the nature of the advice given. Neither section 14A nor section 32 of the Limitation Act 1980 postpones or extends the limitation period in this case. The claim is therefore time-barred and should be struck out.

Parties
Claimant: Booker & Anor; Defendant: RT Financial Services UK Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Civil / Application for Summary Judgment or Strike Out
Outcome
claim struck out as time-barred
Legal Topics
Summary Judgment, Strike Out, Limitation Period, Deliberate Concealment, Fiduciary Duty
Limitation of Actions Contract Law Negligence Summary Judgment Strike Out Limitation Period Deliberate Concealment Fiduciary Duty

Case Brief

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Parties

Booker & Anor

Claimant

RT Financial Services UK Limited

Defendant

Procedural Posture

Civil / Application for Summary Judgment or Strike Out

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether section 14A or section 32 of the Limitation Act 1980 extends or postpones the limitation period
  3. 3 Whether the defendant deliberately concealed facts relevant to the claimants' right of action

Ratio Decidendi

The claimants possessed all relevant primary facts necessary for their cause of action before March 2012, including the identity of the defendant and the nature of the advice given. Neither section 14A nor section 32 of the Limitation Act 1980 postpones or extends the limitation period in this case. The claim is therefore time-barred and should be struck out.

Court Disposition

claim struck out as time-barred

Orders

  • The claim is struck out under rule 3.4 of the Civil Procedure Rules.
  • Permission to appeal is refused.