Verbose but unambiguous. David O’Brien discusses S 14A & the parameters of limitation
- The interpretation of s 14A of the Limitation Act 1980 in the case of Halsall.
- Whether the courts are applying s 14A correctly, and whether the current approach could lead to litigation where loss is still speculative.
A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?
The facts
The defendants were tax advisers who, in 2003, advised the claimants to invest in charity shell and film schemes. The schemes involved the purchase by the claimants of shares in certain companies, which the defendants assured them would ultimately result in tax relief.
In breach of duty, the defendants failed to advise the claimants that
