A common issue in professional negligence cases is that the claimant may not know or have any reason to think the advice or service given by the professional was negligent until many years later, because something goes wrong when they try to sell an asset or enforce a contract or security. Such claims are predictably met by limitation defences, which may at first seem insurmountable.
In this seminar, Ben Harding and Chelsea Carter examine three of the main ways to overcome them. First, accrual: arguing that the cause of action only accrued in the 6 years before issue. Secondly, s.14A Limitation Act 1980: the claim is in time as the ‘date of knowledge’ was less than 3 years before issue. Thirdly, s.32(1)(b): a relevant fact was concealed so that time started running less than 6 years before issue.
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