000 01894cab a2200253 4500
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