Ellen Kay v Martineau Johnson (A Firm)
[2024] EWHC 2451 (Ch)
Lee Witcomb v J Keith Park Solicitors
24 March 2023
[2023] EWCA Civ 326
Court of Appeal
A man settled a personal injury claim in 2009, but his injuries got much worse. He sued his lawyers in 2019 for not advising him on a better settlement option. The court said he didn't know his lawyers were at fault until 2017, so his lawsuit wasn't too late.
Key Facts
- •Claimant suffered serious leg injuries in a 2002 road traffic accident.
- •His personal injury claim settled in December 2009 for £150,000.
- •Claimant received no advice on provisional damages.
- •Claimant's condition deteriorated significantly, requiring amputation in 2017.
- •Proceedings against solicitors (defendant) were issued in December 2019, outside the primary limitation period.
- •Claimant relied on Section 14A Limitation Act 1980 for an extended limitation period.
- •The appeal focused on whether the claimant had the necessary knowledge under Section 14A by December 2009 or mid-2016.
Legal Principles
Section 14A Limitation Act 1980 applies to negligence actions where facts relevant to the cause of action are not known at the date of accrual.
Limitation Act 1980, Section 14A
For Section 14A to apply, the claimant must have knowledge of material facts about the damage and knowledge that the damage was attributable to the defendant's act or omission.
Limitation Act 1980, Section 14A(6), (7), (8)
Knowledge that an act or omission involved negligence is irrelevant for determining the starting date of limitation under Section 14A.
Limitation Act 1980, Section 14A(9)
In cases involving negligent advice, time does not start to run under Section 14A until the claimant has reason to believe the advice was wrong.
Haward v Fawcetts [2006] 1 WLR 682
In cases involving omissions of necessary advice, time does not start to run until the claimant has reason to consider that the omitted advice should have been given.
This case's judgment
Outcomes
Appeal dismissed.
The court found that the claimant did not have the necessary knowledge under Section 14A by December 2009 or mid-2016. The claimant lacked knowledge of the material facts about the damage (failure to claim provisional damages) until after he learned of the potential for amputation in January 2017. His knowledge of attribution also only arose at this time.