What is the meaning of “knowledge” under the Limitation Act 1980?

Monica Dawson (Senior Law Lecturer , School of Urban and Regional Studies, Sheffield Hallam University, Sheffield, UK)
Janine Midgley‐Hunt (Senior Law Lecturer, School of Urban and Regional Studies, Sheffield Hallam University, Sheffield, UK)

Property Management

ISSN: 0263-7472

Publication date: 1 December 1996

Abstract

Explains that Limitation of Actions is extended where there are latent defects by s.14A of the Limitation Act 1980. Notes that, in relation to negligent surveys, the recent case of Spencer Ward and another v. Humberts gives an interesting example of how the courts construe the meaning of knowledge within the Act which starts the three‐year period running in cases of latent defect. Explores the courts’ interpretation of relevant parts of the Act, and suggests that the courts’ attitude in recent cases may be erring on the side of the professional and draws property managers to the practical implications of this.

Keywords

Citation

Dawson, M. and Midgley‐Hunt, J. (1996), "What is the meaning of “knowledge” under the Limitation Act 1980?", Property Management, Vol. 14 No. 4, pp. 11-14. https://doi.org/10.1108/02637479610150720

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Publisher

:

MCB UP Ltd

Copyright © 1996, MCB UP Limited

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