When does time start to run for deliberate concealment claims? Katy Ackroyd & Simon Heatley examine a Court of Appeal ruling which answers this question
- The Court of Appeal has clarified the applicable test for determining limitation under s 32(1)(b) of the Limitation Act 1980, finding that time began to run when the claimant recognised that it had a worthwhile claim.
- A claimant in a deliberate concealment case would be advised not to delay in bringing its claim, given that time may have begun to run at an earlier stage than anticipated.
There has been a spate of recent cases where the courts have grappled with the question of the correct test to apply to determine when time starts to run for limitation purposes in the context of claims involving fraud, deliberate concealment or mistake. The latest decision on the topic comes courtesy of the Court of Appeal in Gemalto Holding BV and others v Infineon Technologies AG and other companies [2022] EWCA Civ 782, [2022] All ER (D) 36 (Jun) in a judgment that usefully pulls together
