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Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to seek a judicial ruling on whether or not a

Customer Question

I would like to seek a judicial ruling on whether or not a professional person deliberately concealed the truth from me about events that happened 7 or 8 years ago in order to to prevent me from claiming compensation for losses caused by their negligent conduct over handling my affairs at the time for a hefty fee. I am a very trusting person but evidence has come to light in the last 12 months which confirms what I have always dreaded - i.e. that the truth was concealed from me. Is it possible for me to seek a ruling on the matter by producing the evidence that I have in my possession now to a judge in court or to an official mediator or arbitrator? How would I go about this? I am not making a money claim as such but I am seeking a ruling about whether deliberate concealment took place.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

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?
Customer :

Not in court - the false statements were made in email exchanges at the time. Fortunately, I do still have access to most of them.

Customer :

I am interested to know how I can raise the matter at a court or tribunal hearing, please.

Customer :

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?
Customer :

There is no court

Alex Watts :

How were these made please? And they were made 7-8 years ago?

Customer :

Statements were made by email back in 2005

Customer :

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?
Customer :

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).