Negligence: limitation period - knowledge required to start time running

The House of Lords in Haward and others v Fawcetts considered the three year limitation period prescribed by section 14A of the Limitation Act 1980 (which provides for an extension of the usual six year limitation period in certain negligence actions where the relevant facts are not known at the date the cause of action accrues) and the extent of the knowledge required by the claimant to start the time period running. Their Lordships considered what was meant by the requirement in section 14A that the claimant had to know that the damage was attributable in whole or in part to the act of the defendant. Overturning a unanimous decision of the Court of Appeal, the House of Lords held that for time to start to run the claimant must have knowledge of the "factual essence of the act or omission" which caused his loss. It was not necessary for the claimant to know the precise details of the alleged negligence or for him to conclusively identify that the defendant's acts or omissions were the cause of his loss. It was sufficient if the claimant had enough information to make it reasonable for him to commence investigations into the potential claim against the defendant; s14A gives the claimant three years to complete such investigations.