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Hi,
Can I check my understand of UK (English) legal time limits is correct?
1. Negligence has an absolute limit of 15yrs after the negligence happened even if you found out about it recently, excluding medical cases that is.
2. Fraud has no time limit but action must be started within 6 yrs of discovering the fraud.
To give some details, the case I have in mind occurred a long time ago (30+yrs). There are 3 parties involved plus the victim. 2 of those parties were certainly negligent and for one of those 2 parties there is also a hint of complicity in the fraud (I have now discovered) too but not sure the evidence is strong enough. For the 3rd party I now have evidence of deliberate fraud (by representation and failure to disclose and abuse of position). Party 3 admitted making a mistake in 2016 but presented this as mistake. In 2017 I asked party 3 if they had any old data from around the time of the incident and was told no. In 2020 I found out that they did have such data, in fact 5 items, so it is was clearly a lie in 2017 as how can you miss 5 items. This withheld data proves it was fraud.
Hence I think that as this is now fraud the time limit is 6yrs from 2020. Before I found it to be fraud in 2020 it was presented as a mistake, just negligence, and so would have been out of time. Therefore I could not have started action in 2016.
Does that all sound correct?
Thanks
Can I check my understand of UK (English) legal time limits is correct?
1. Negligence has an absolute limit of 15yrs after the negligence happened even if you found out about it recently, excluding medical cases that is.
2. Fraud has no time limit but action must be started within 6 yrs of discovering the fraud.
To give some details, the case I have in mind occurred a long time ago (30+yrs). There are 3 parties involved plus the victim. 2 of those parties were certainly negligent and for one of those 2 parties there is also a hint of complicity in the fraud (I have now discovered) too but not sure the evidence is strong enough. For the 3rd party I now have evidence of deliberate fraud (by representation and failure to disclose and abuse of position). Party 3 admitted making a mistake in 2016 but presented this as mistake. In 2017 I asked party 3 if they had any old data from around the time of the incident and was told no. In 2020 I found out that they did have such data, in fact 5 items, so it is was clearly a lie in 2017 as how can you miss 5 items. This withheld data proves it was fraud.
Hence I think that as this is now fraud the time limit is 6yrs from 2020. Before I found it to be fraud in 2020 it was presented as a mistake, just negligence, and so would have been out of time. Therefore I could not have started action in 2016.
Does that all sound correct?
Thanks
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