header-logo header-logo

02 September 2022 / Katy Ackroyd , Simon Heatley
Issue: 7992 / Categories: Features , Limitation
printer mail-detail

Limitation & the worthwhile test

92263
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

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll