Dispute Resolution analysis: The Supreme Court has clarified the meaning of ‘deliberate concealment’ under section 32(1)(b) of the Limitation Act 1980 (LA 1980). Concealment includes both actively hiding something and simply not disclosing it. However, the Supreme Court rejected any other ‘elaboration’ on the term. In particular, there is no need to establish the defendant was under a legal or moral duty to make the disclosure. Upholding the Court of Appeal’s decision, the Supreme Court found that Mrs Potter’s claim against Canada Square (and likely many others) is not time barred. While this will be welcomed by claimants seeking to postpone the limitation period, there was also good news for defendants. The Supreme Court held that the word ‘deliberate’ does not include the term ‘reckless’, as there must always be an intention to conceal. Overall, while the meaning of the legislative terms has been clarified, questions remain over the status of claims based on non-disclosure, given the requirement...
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