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Professional negligence limitation: 'something more' for actual knowledge; impecuniosity rarely relevant to constructive knowledge under s 14A(10) LA 1980 – Kay v Martineau Johnson [2026] EWCA Civ 224

Published on: 20 March 2026

Published by a LexisNexis Dispute Resolution expert

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Kay v Martineau Johnson (A firm) [2026] EWCA Civ 224 What are the practical implications of the case?

The ruling demonstrates the workings of actual and constructive knowledge, highlighting the requirement for a ‘something else’ that prompts a claimant to investigate, beyond merely knowing they have received advice that is not obviously flawed. The judge at first instance failed to confront this head‑on or to identify what that additional element was, if any; that shortcoming led to the reversal of the finding on actual knowledge. In the absence of analysis on that point, the appellate court regarded the conclusion as unsound. The decision serves as a reminder that parties must articulate their positions on this question plainly, and that the court should make an explicit determination upon it. The Court of Appeal also squarely addressed the extent to which, if at all, impecuniosity affects what steps it is reasonable for a prospective claimant to take to obtain expert advice. That consideration was pertinent to constructive knowledge and to section 14A(10) of the Limitation Act 1980 (LA 1980)...

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