Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : In short they lied 8 years ago? Was this in court proceedings please?
Not in court - the false statements were made in email exchanges at the time. Fortunately, I do still have access to most of them.
I am interested to know how I can raise the matter at a court or tribunal hearing, please.
I need to go out for the now until 10.30pm. Please leave an answer for me to read later
Alex Watts : Ok. When was court please?
There is no court
Alex Watts :
How were these made please? And they were made 7-8 years ago?
Statements were made by email back in 2005
I dare say that the statements were made in order to stop the matter ending up in court at the time.
Alex Watts : Sorry for the overnight delay.
Alex Watts : I am sorry to say that it is bad news, you have a limited time to bring a claim.
Alex Watts : Under the Limitation Act 1980 if someone has been negligent you have three years to bring a claim. This means that because the statements were made by email in 2005 you had until 2008 to bring a claim.
Alex Watts : You will see that you are sadly 5 years out of time.
Alex Watts : The limitation act is an absolute defence. If you had been a few months out you may have been able to apply to the court and ask for relief, but because you are over double the time period, there has been a substantial delay.
Alex Watts : I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
My understanding is that the limitation period is 6 years for simple contracts but that if there has been deceit or concealment of the truth this period is extended for up to 15 years from the event that gives rise to the cause of action. Is this not correct?
Alex Watts :
Sadly that is not the case.
Alex Watts :
An action for damages for negligence, other than one to which section 11 of this Act applies, shall not be brought after the expiration of fifteen years from the date (or, if more than one, from the last of the dates) on which there occurred any act or omission—
(a)which is alleged to constitute negligence; and
(b)to which the damage in respect of which damages are claimed is alleged to be attributable (in whole or in part).