header-logo header-logo

Haward v Fawcetts revisited

15 February 2007 / Shantanu Majumdar KC
Issue: 7260 / Categories: Features , Personal injury
printer mail-detail

Shantanu Majumdar discusses the true significance of Haward v Fawcetts

Haward v Fawcetts (a firm) [2006] UKHL 9, [2006] 3 All ER 497, [2006] All ER (D) 07 (Mar) will be remembered as the first decision of the House of Lords on the Limitation Act 1980 (LA 1980), s 14A (see 156 NLJ 7217, p 476). However, the ratio of their Lordship’s decision can plausibly be seen as no more than the application of existing legal principles to the facts of the case before them rather than the establishment of any significant, new law. It is instead in certain obiter dicta that the case’s true importance lies.

Section 14A is concerned with the problem of latent damage in the tort of negligence where the claimant’s acquisition of knowledge that it has suffered damage is for some reason delayed (cf LA 1980, s 32, which makes special provision in relation to fraud, deliberate concealment and mistake). It provides a special three-year period of limitation from the starting date ie the date upon which the claimant first has the knowledge about its claim which the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll