The Weekly Law Reports
[2021] 3 WLR 777
Court of Appeal
Potter
v
Canada Square Operations Ltd
[2021] EWCA Civ 339
2021 Jan 19, 20, 21; March 11
Sir Julian Flaux C, Males, Rose LJJ
Limitation of action— Breach of duty— Concealment of facts— Credit relationship between claimant and defendant unfair because of defendant’s failure to disclose fact and extent of commission payment— Claimant becoming aware of commission more than six years after end of credit relationship— Whether claimant’s claim for statutory remedy time-barred— Whether commencement of limitation period postponed on basis facts “deliberately concealed” by defendant— Whether non-disclosure of commission amounting to concealment— Whether defendant deliberately committing “breach of duty” so as to give rise to concealment— Whether recklessness sufficient to establish requisite mental element for deliberateness—
Consumer Credit Act 1974 (c 39), s 140A
—
Limitation Act 1980 (c 58), s 32(1)(2)