- Limitation—deliberate concealment—necessary elements (Kimathi and others v Foreign and Commonwealth Office)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The test claimants in a group litigation action sought to rely, pursuant to s 32(1)(b) of the Limitation Act 1980, on the deliberate concealment of relevant facts to overcome a limitation defence. The court determined that the essential elements of deliberate concealment had not been made out because the allegations concerned evidence rather than facts relevant to the right of action, because the test claimants had the relevant knowledge when their causes of action accrued, and because even if the documents in question were relevant facts the test claimants had failed to show that such items had been deliberately concealed by the FCO’s predecessors. Written by Charles Joseph, barrister, at Tanfield Chambers.
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