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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The defendant in my claim (professional negligence) has applied

Customer Question

the defendant in my claim (professional negligence) has applied to strike out my claim on limitation grounds. they make a statement which i do not fully understand 'the Claimant would be required to plead his notice or knowledge of a fact, if he relies upon it, in accordance wit 16PD.8.2(5). He has not done so'. please could someone explain what they are referring to?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
PD 8.2(5) says:
8.2 The claimant must specifically set out the following matters in his particulars of claim where he wishes to rely on them in support of his claim:
(1) any allegation of fraud,
(2) the fact of any illegality,
(3) details of any misrepresentation,
(4) details of all breaches of trust,
(5) notice or knowledge of a fact,
(6) details of unsoundness of mind or undue influence,
(7) details of wilful default, and
(8) any facts relating to mitigation of loss or damage.
This must say you should set out exactly what you are saying in support. So if you are claiming one of the above you need to set it out.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

hi alex

good to talk to you again...

in my poc i have explained a particular date to the defendant i.e an email i received indicating when i would have had knowledge of an event which in effect gave me 3 years from date of knowledge. what i don't understand is that in their background of their witness statement for their strike out application they even confirm the above date yet when it comes to their limitation argument they infer i haven't pleaded knowledge of that fact . what should i reply?

Expert:  Ash replied 2 years ago.
I dont think you need to reply. In response to their strike out just set out your position. As long as the other side and the court knows what your case is, it wont be an issue.
Does that help?
Alex
Customer: replied 2 years ago.

hi alex

yes thanks. there is just the one issue which i am trying to resolve. please let me know if i need to start a new question, it is one i have asked you before and you sent me some links but i am still in the dark and that is the calculation of the 3 years limitation clock for issuing a claim. one of the links you sent me states that if the knowledge started on say the 15th then the clock starts on the follwing day therefore if i brought proceedings exactly on the 15th 3 years later then i am within time. i would be grateful if you could finally put this one to bed and also where would i find the precise wording for the calculation? i have spent days trying to find out the actual rules for the calculation!!!!

cheers

Expert:  Ash replied 2 years ago.
Sadly yes that would be a new question. If you could rate this one I can perhaps help with that.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks for that one final point in my defence for the strike out is it best to keep my reply short and succinct as opposed to repeating what i have said in my letter before claim and my poc

Expert:  Ash replied 2 years ago.
Yes to the point. But dont forget to file a witness statement beforehand saying why it shouldn't be struck out.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex