Adrian Kwintner reviews the s 14A special time limit for negligence actions
Recent cases on the extended limitation period under s 14A of the Limitation Act 1980 (LA 1980) show that defendants, and their insurers, should carefully review the nature and extent of a claimant’s knowledge of the “material facts”. Cases could be summarily dismissed by arguing the claimant had the requisite knowledge earlier than alleged.
Limitation Act 1980
Primary limitation for negligence actions in tort is six years from accrual of the cause of action. Section 14A provides an additional time limit for actions not involving personal injury. It applies where the claimant does not have knowledge of all the material facts at the date his cause of action accrues. The limitation period can then be extended to three years from the earliest date when the claimant had the knowledge required for bringing an action and a right to bring an action.
Necessity versus conviction
The High Court case of Roger Ward Associates Ltd v Britannia Assets (UK) Ltd [2013] EWHC 1653 (QB), [2013] All ER (D) 196 (Jun) concerned an appeal
