Source: All England Reporter
Publisher Citation: [2012] All ER (D) 140 (Apr)
Neutral Citation: [2012] EWHC 1000 (Ch)
Court: Chancery Division
Judge:

Judge David Cooke
Representation William Edwards (instructed by Jeffrey Green Russell) for the respondent.
  Dan Stacey (instructed by Plexus Law) for the appellant.
Judgment Dates: 20 April 2012

Catchwords

Limitation of action - Concealment of right of action - Breach of duty - Respondent commencing proceedings for breach of contract and negligence - Master allowing amendment to plead breach of fiduciary duty after expiry of limitation period - Appellant appealing - Appellant submitting wrongly deprived of limitation defence - Respondent submitting master ought to have found entitled to rely on 'actual deliberate concealment' - .

The Case

Limitation of action Concealment of right of action. The Chancery Division set aside the master's order allowing the respondent's amendments to its claim in relation to conflict of duties as it had deprived the appellant of a reasonably arguable limitation defence.

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