18 November 2020

Permission to Appeal Refused in Holmes v S&B Concrete Ltd [2020] EWHC 2277 (QB)

The Court of Appeal has refused the Claimant permission to appeal the decision of Martin Spencer J in Holmes v S&B Concrete Ltd [2020] EWHC 2277 (QB). Philip Godfrey analysed that decision in an earlier blog post, which can be viewed here

Permission to appeal was refused on the papers on 17 November 2020 by Floyd LJ. His cited reasons were as follows:

"The principles relevant to this type of case were settled by this court's decision in Smith v White Knight Laundry Limited [2002] 1 WLR 616. Financial Services Compensation Scheme Limited v Larnell (Insurances) Limited [2005] EWCA Civ 1408 was not concerned with the effect of the restoration of a company to the Register, which is or should be to "place the company and all other persons in the same position (as nearly as may be) as if the company had not been dissolved". The effect of deeming the company not to have been dissolved in the present case is that time was running during the period of more than 10 years between the date of knowledge (2007) and the commencement of proceedings (2018). The principle, recognised in FSCS, that a limitation period may cease to run during the period of a winding up does not assist the applicant. Even where the principle applies, the limitation period ceases to run only "so far as the operation of the winding-up is concerned" see per Lloyd LJ at [13]. So stated, the principle is not inconsistent with Smith v White Knight. The appeal would not have a real prospect of success, and there is no compelling reason to hear it."

The decision can be viewed here via the Case Tracker for Civil Appeals.

Share this blog

Back to Blog

Gareth McAloon

Share

Contact

Ropewalk Chambers

Ropewalk Chambers has, over many decades, established a market-leading reputation for detailed and specialist expertise in the field of Industrial Disease litigation.

Whether asbestos, noise, dust, vibration, stress or any other insidious process, including those which are newly emerging, its members have consistently appeared in the leading cases, determining the limits of liability, causation and quantum at first instance and appellate level.

Work is distributed within Chambers to enable Members of Chambers to represent both Claimants and Defendants in this field.

To find out more about our Disease barristers, click here.

Search blog by title or barrister

Subscribe for blog updates

We’re fully committed to handling personal information you’ve supplied to us in compliance with the latest GDPR laws, and we’ll never share your details. If you wish to unsubscribe, please click here to update your data preferences at any time.

Search by keyword

Recent Posts

Archive