Requisite knowledge under section 14A Limitation Act 1980—a question of construction (Cole v Scion Ltd)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: The High Court dismissed an application for a summary judgment under CPR 24, alternatively, for a strike out under CPR 3.4. In rejecting the application, the court held that the relevant defendant had not established that there was no reasonable prospects of success in relation to the claims against it, finding that the claimants could rely on section 14A of the Limitation Act 1980 (LA 1980) in order to extend the limitation period to commence proceedings. In particular, the court confirmed that the relevant knowledge requirements in LA 1980, s 14A(10) extend to the date of constructive knowledge and addressed the factors that can be taken into account when deciding whether or not a claimant ought to reasonably have constructive knowledge. Written by Oliver Browne, partner and chair of the London Litigation & Trial department, and Aisling Billington, trainee solicitor, at Latham & Watkins.