NEGLIGENCE CLAIM HELD TO BE TIME-BARRED

In Eagle v Redlime Ltd [2011] EWHC 838 (QB), [2011] All ER (D) 20 (Apr) Mr Justice Eder held that the claimant’s claim in tort was statute barred because he had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action more than three years before proceedings were commenced. The case acts as a reminder of the dangers of delay in instituting proceedings. As the present case demonstrates, the clock may start ticking against a claimant before he has knowledge of the true cause or extent of the damage that is attributable in whole or in part to the act or omission which is alleged to constitute negligence.

The facts

The claimant and his wife purchased the property in question in 1998 with a view to setting up a dog kennelling business. This required considerable works to be carried out to the property. Pursuant to their plans, the claimant instructed the defendant to carry out some of the works. The claimant’s case was that the defendant’s obligation was to construct a concrete base for the kennels in accordance with the surveyor’s drawings. The defendants denied that they were under such an obligation. Instead, they submitted that their obligation was simply to construct the base in accordance with a hand written sketch provided by the claimant.