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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have just received notification that the defendant in my

Resolved Question:

i have just received notification that the defendant in my surveyors negligence claim has made an application to strike out my claim on limitation. when i issued i was tight up against the 3 years limit i.e my date of knowledge was 15 august XXXX, i deposited my claim form with my local county court and on the notice of issue it states the claim was received on the 15 august and was issued on the 18 august.
the defendant has apparently tried on numerous occasions to ascertain when the claim was received and the only date they can come up with is 18 august. the defendant then writes in their application 'the only date recorded on the face of the claim form is 18 august. in those circumstances it is averred that, unless the court records show otherwise, the claim was brought outside the section 14A limitation period and is therefore statute barred'.
the defendants have now made the application to the court what is my best way forward?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What date was the negligence ?
Customer: replied 2 years ago.

2004 and 2007 property repossessed in 2011

Expert:  Ash replied 2 years ago.
But when was the negligence date?
Customer: replied 2 years ago.

negligent valuations in 2004 & 2007

Expert:  Ash replied 2 years ago.
When was date of knowledge?
Customer: replied 2 years ago.

exactly 3 years to the day before i deposited my claim with the court

Expert:  Ash replied 2 years ago.
It seems you are out of time then. Limitation is 3 years less one day. So if knowledge was 10 January 2012 limitation would be 9th January 2015
Limitation also stops the day the court received the Claim not from when it was issued. Only when it was received.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

hi alex

kindly show me under the act where it is 3 years less one day?

Expert:  Ash replied 2 years ago.
The act says 3 years.
If it was 10 th January 2015 to 10 th January 2015 it would in effect be 3 years and one day.
The time 3 years runs from 10th January 2012 and exactly 3 years expires on 9th January 2015 at 11.59 pm
Does that clarify?
Alex
Customer: replied 2 years ago.

no!

even in this case the defendant in their witness statement states the claim became statute barred on 18 august NOT the 17!!

Expert:  Ash replied 2 years ago.
Ok. I can assure you that its 3 years from date of knowledge which is in effect 3 years less 1 day.
But if they accept that its 17th August then you dont need to worry.
Limitation STOPS from the time the claim is RECEIVED and NOT the date it is issued.
Date received.
Does that clarify?
Alex
Customer: replied 2 years ago.

i am struggling to find any case law where it is 3 years less a day for the claim to be received by the court, please can you point me in the right direction?

Expert:  Ash replied 2 years ago.
Ok. The three years starts ticking from the date you knew about this.Therefore if it was 10th Jan 2014 and 10th Jan 2015 this is one year and one day.Computation of timeIn calculating the period of limitation, the day upon which the cause of action arose is excluded (Marren v Dawson Bentley and Co [1961] 2 QB 135).In Marren, the accident occurred on 8 November 1954 and the writ issued on 8 November 1957 was held to be in time.If court proceedings cannot be commenced because the court office is closed on a weekend or on a public holiday, the limitation period is effectively extended until the next date on which the court is open for business.In terms of Limitation minus one day please see here:http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/early_conciliation_how_it_affects_the_time_limit_for_making_a_claim.htm This is an employment claim but the general principles apply. Does that clarify?
Customer: replied 2 years ago.

what about page v hewetts?

Expert:  Ash replied 2 years ago.
Let me just grab that.
Customer: replied 2 years ago.

hi

i think i may of mis read it!!! with regards ***** ***** of knowledge and therefore the start of the additional 3 years, how is that determined?

Expert:  Ash replied 2 years ago.
From date of knowledge.
So when you were reasonably expected to find out about it.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

hi alex

in a nutshell property was repossessed and agents took over the sale etc. i received an email indicating the property was to go on the market at a price which was lower than i thought. that is the date at which i thought the price may be low. would that email be the start of the 3 years for limitation?

Expert:  Ash replied 2 years ago.
Yes it would.
Does that help?
Alex
Customer: replied 2 years ago.

is that absolute?

Expert:  Ash replied 2 years ago.
Please see these articles for more guidance:
http://www.nabarro.com/insight/briefings/2014/april/limitation-periods-when-does-the-clock-start-ticking/
http://www.addleshawgoddard.com/view.asp?content_id=4598&parent_id=4593
http://www.lawgazette.co.uk/news/limitation-pitfalls-a-guide-to-personal-injury-limitation-law/19767.fullarticle
http://uk.practicallaw.com/books/9781847669841/chapter02
Alex
Customer: replied 2 years ago.

hi alex i have just had a quick read of the articles none are really applicable to a negligent valuation!!

Expert:  Ash replied 2 years ago.
No but the principles will be the same, ie knowledge etc.
Customer: replied 2 years ago.

i am still in the dark. so what you are saying is if i learn that maybe the property is worth less than i thought say by email, which i may not have even have received on that day that is enough knowledge to start the clock ticking?

Expert:  Ash replied 2 years ago.
There may be some argument there, but if the other side have Not raised limitation as an issue, then you need not worry.
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.

hi alex

i have just been doing my research on when the clock starts ticking for section 14(A). all i can find is that if i have knowledge on say monday 1st jan then the 3 year clock starts ticking the day after, is that correct?