Source:	All England Reporter
Publisher Citation:	[2002] All ER (D) 233 (Apr)
Neutral Citation:	[2002] UKHL 18
Court:	House of Lords
Judge:	Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Hobhouse of Woodborough, Lord Millett and Lord Scott of Foscote
Representation	Brian Doctor QC and Patrick Lawrence (instructed by Roach Pittis, Isle of Wight) for the claimant.
	Nicholas Davidson QC and David Drake (instructed by Beachcroft Wansbroughs, Bristol) for the defendant.
Judgment Dates:	25 April 2002

Catchwords

Limitation of action - Concealment of right of action - Breach of duty - Defendant solicitors raising limitation defence in action for negligence - Claimant relying on statutory provision postponing limitation period where defendant had concealed from claimant any fact relevant to his right of action - Statute providing that deliberate breach of duty amounting to concealment if claimant unlikely to discover it for some time - Whether intentional act not done in knowledge that it was breach of duty but done in circumstances in which breach of duty unlikely to be discovered for some time amounting to deliberate concealment - (1)(b), (2).

The Case

On its true construction, s32 of the did not deprive a defendant of a limitation defence where he was charged with negligence if, being unaware of his error or that he had failed to take proper care, there had been nothing for him to disclose.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury

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