||All England Reporter
|| All ER (D) 140 (Apr)
|| EWHC 1000 (Ch)
Judge David Cooke
||William Edwards (instructed by Jeffrey Green Russell) for the respondent.
||Dan Stacey (instructed by Plexus Law) for the appellant.
||20 April 2012
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' - .
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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