The financial crisis of 2008 and its aftermath is disappearing rapidly over the horizon. However events of a decade or more ago continue to form the basis of claims before the courts. With most causes of action having a limitation period of six years many claimants are forced to rely on s 32 of the Limitation Act 1980 in order to ensure that their claim is brought in time. A number of recent cases have demonstrated that this is not always a route to success for claimants.

Section 32

In circumstances where: (i) an action is based on the fraud of the defendant; (ii) any fact relevant to the claimant’s right of action has been deliberately concealed by the defendant; (iii) the action is for relief from the consequences of a mistake; the limitation period does not begin to run until the claimant has discovered the fraud ...