Meaning of ‘knowledge’

Haward and others v Fawcetts (a firm) and another HL TLR 3 March; SJ 10 March

Section 14A of the Limitation Act 1980 applies to actions in respect of latent damage not involving personal injuries and provides that such actions shall not be brought after the expiration of either six years from the date on which the cause of action accrued or, if expiring later, three years from the starting date defined in subsection (5) as the earliest date on which the claimant first had the knowledge required for bringing an action for damages in respect of the relevant damage. By subsection (6) ‘knowledge’ means both (a) knowledge of the material facts about the damage in respect to which damages are claimed and (b) knowledge of the other facts relevant to the action set out in subsection (8) which includes knowledge that the damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence. Subsection (7) provides that the material facts about the damage are ‘such facts … as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings’. Subsection (9) provides: ‘knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (5) …’ Under subsection (10) ‘a person’s knowledge includes knowledge which he might reasonably have been expected to acquire – (a) from facts observable or ascertainable by him; or (b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek …’.