| 000 | 01894cab a2200253 4500 | ||
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| 001 | ##L132903 | ||
| 008 | 060321n2006 000 0 eng u | ||
| 035 | _a(Sirsi) u132903 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aHaward and others v Fawcetts (a firm) |
| 260 | _c2006 | ||
| 520 | _a[2006] UKHL 9, 1 March 2006. Considers whether a claim for negligence was time-barred under the Limitation Act 1980. Appeal by F against a decision ([2004] EWCA Civ 240) that H's negligence claim against them was not statute-barred. H had been advised professionally by F throughout the acquisition of a controlling interest and subsequent further investment in an agricultural machinery company which failed in 1998. H relied on s14A of the Act to extend the basic six year limitation period. He submitted that he did not know more than three years before issuing proceedings against F that the damage was attributable in whole or in part to the act or omission which was alleged to constitute negligence within the meaning of S14A(8)(a) of the Act. "Held": appeal allowed. The requisite knowledge for the purposes of s14A(8)(a) of the Act was knowledge of the facts constituting the essence of the complaint of negligence. H had not discharged the burden of proof of showing that their claim was not-time-barred. | ||
| 590 | _aIKA280306 | ||
| 650 | 2 | 4 | _aLIMITATION ACT 1980 S14A(8)(A) |
| 650 | 2 | 4 | _aLIMITATION ACT 1980 S14A(9) |
| 650 | 2 | 4 | _aLIMITATION ACT 1980 S14A |
| 650 | 2 | 4 | _aHALLAM-EAMES V MERRETT SYNDICATES LTD |
| 650 | 2 | 4 | _aHAWARD AND OTHERS V FAWCETTS (A FIRM) |
| 650 | 2 | 4 | _aNASH V ELI LILLY AND CO |
| 650 | 2 | 4 | _aDOBBIE V MEDWAY HEALTH AUTHORITY |
| 690 | _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE-NEGLIGENCE | ||
| 856 | 4 | 8 |
_uhttps://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd060301/haward-1.htm _zView the judgment free of charge at www.parliament.uk |
| 942 | _n0 | ||
| 999 |
_c76680 _d76680 |
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