Pensions and limitation—High Court Allows Appeal in Philips v National Grid
Pensions analysis: In Philips v National Grid, the High Court (Mr Justice Lavender) allowed an appeal against a decision of the County Court giving summary judgment for the defendant on the basis that the claimant’s claims were out of time. The claimant brought claims in June 2022 for negligence and breach of contract in respect of the defendant’s failure to provide him with an ill-health pension following his dismissal in August 2002 ‘on the grounds of capability due to ill health’, and a continuing failure to obtain a proper medical opinion as to the claimant’s ability to work. The High Court considered that it was arguable that the defendant had a duty to obtain a fresh medical opinion within a reasonable time after a request made by the claimant in 2009. This decision will be of interest to pensions practitioners, but it will also be of interest to those who advise on limitation issues and the potential impact of a continuing breach of duty on time limits. Written by Elizabeth Grace, barrister at Outer Temple Chambers.