House of Lords on 1st March 2006

NOTES

  • Haward & Ors v Fawcetts (a firm) & Ors, [2006] UKHL 9 House of Lords on 1st March 2006.
  • the full text of this judgment is available free of charge on the BAILII website

    Background

    The basic position under the Limitation Act 1980 is that a claim for negligence or breach of contract must be made within 6 years after the event giving rise to the claim. However if the claimant only acquired the knowledge enabling him to bring an action some time after the event giving rise to the claim took place there is special provision (in Limitation Act 1980 s.14A) allowing him to bring the claim at any time within 3 years after he acquired that knowledge, subject to a 15 year long stop.

    This case is:

    Authority for the propositions that:-

    1. where a claim for negligence or breach of contract is made more than six years after the event giving rise to the claim, the onus is on the claimant to prove that he acquired knowledge of the facts which give rise to his claim within the 3 years before he made it; and
    2. time starts to run when the claimant had enough information to make it reasonable to expect him to have started making enquiries and investigations into the circumstances which eventually led to his claim.

    For relevant general notes see Time Limits/Limitation Act 1980


    FINISH>
    prepared April 2006