Haward and others v Fawcetts (a firm)

[2006] UKHL 9, 1 March 2006. Considers whether a claim for negligence was time-barred under the Limitation Act 1980. Appeal by F against a decision ([2004] EWCA Civ 240) that H's negligence claim against them was not statute-barred. H had been advised professionally by F throughout the acquisition of a controlling interest and subsequent further investment in an agricultural machinery company which failed in 1998. H relied on s14A of the Act to extend the basic six year limitation period. He submitted that he did not know more than three years before issuing proceedings against F that the damage was attributable in whole or in part to the act or omission which was alleged to constitute negligence within the meaning of S14A(8)(a) of the Act. "Held": appeal allowed. The requisite knowledge for the purposes of s14A(8)(a) of the Act was knowledge of the facts constituting the essence of the complaint of negligence. H had not discharged the burden of proof of showing that their claim was not-time-barred.