خلاصہ
The Latent Damage Act 1986 addresses a fundamental problem in negligence limitation law: a claimant may not discover that property has been negligently damaged until years after the cause of action technically accrued. Under the pre-existing rule in Pirelli General Cable Works v Oscar Faber & Partners [1983] 2 AC 1 (HL), time ran from the date physical damage occurred, even if undetectable. The 1986 Act amended the Limitation Act 1980 by inserting a new s.14A, providing that in negligence claims for property damage (other than personal injury), the claimant has an alternative period of three years from the 'starting date' — the earliest date on which they had knowledge of the material facts. A 15-year longstop under s.14B prevents indefinite exposure: no action may be brought more than 15 years from the date of the defendant's negligent act or omission. The Act also introduced a new s.3, which provides that a fresh cause of action accrues to a subsequent purchaser of damaged property at the date of purchase. Together these provisions allow latent defect claims in construction, surveying, and professional negligence to proceed even where years have passed since the negligent act.
اہم نکات
- Inserts s.14A into the Limitation Act 1980 — provides an alternative 3-year limitation period running from the 'starting date' (the earliest date the claimant knew or ought reasonably to have known the material facts) for negligence property damage claims
- Material facts for s.14A include: (a) that the damage was significant; (b) that the damage was attributable in whole or in part to the act or omission alleged to constitute negligence; (c) the identity of the defendant; and (d) if applicable, that the act or omission was that of the defendant's employee or agent
- Inserts s.14B into the Limitation Act 1980 — absolute longstop of 15 years from the date of the negligent act or omission, regardless of knowledge; extinguishes the cause of action
- Section 3 — a fresh cause of action accrues to a subsequent purchaser of damaged property on the date they acquire the property, if damage was not previously discovered; allows the purchaser to bring a claim under s.14A from the date of acquisition
- Applies only to negligence claims for property damage — expressly excludes personal injury claims (which continue under s.11 and s.33 Limitation Act 1980) and latent defect claims in contract (which use the 6-year contractual period)
- Does not apply to deliberate concealment — s.32 Limitation Act 1980 (fraudulent concealment) continues to run time from the date of discovery regardless of the 15-year longstop
حصے اور دفعات
ترامیم کی تاریخ
2011 — Limitation Act 1980 (case law development)
The Court of Appeal in Haward v Fawcetts [2006] UKHL 9 confirmed that s.14A knowledge must be actual or constructive and the 'starting date' is assessed objectively: the claimant is fixed with the date they ought reasonably to have known, not simply the date they subjectively discovered the facts.
2020 — Limitation Act 1980 (reform proposals)
The Law Commission has recommended abolishing the special latent damage regime in favour of a unified discoverability limitation period in its 'Limitation of Actions' review, though reform has not yet been enacted.