Jurisdiction(s):
United Kingdom

Limitation Act 1980 s 32 concealment keeps privacy claims alive: High Court refuses ANL’s summary time-bar application (Baroness Lawrence & others v Associated Newspapers, England and Wales)

Published on: 16 January 2024

Published by a LexisNexis Information Law expert

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Article summary

Baroness Lawrence of Clarendon and others v Associated Newspapers Ltd [2023] EWHC 2789 (KB)

What are the practical implications of this case?

Although centred on misuse of private information, this ruling carries wider weight for would‑be claimants and defendants invoking, or resisting, a limitation defence under LA 1980, s 32. Limitation exists to promote finality in civil litigation; yet, as Nicklin J explained, section 32 (together with other statutory carve‑outs) tempers the harshness that a strict rule might otherwise produce (at [85]). Under s 32, where wrongdoing has been concealed, the clock starts only on discovery, or when discovery ought reasonably to have been made. The claimants contend they remained in the dark about the unlawful conduct for many years, learning only later-via information from private investigators-that they might have a viable claim. By contrast, ANL placed substantial emphasis on what was already publicly available, including articles said to flow from the unlawful acts, arguing that such publicity is inconsistent with concealment. The court’s comments in DSG Retail Ltd v Mastercard Inc [2020] Bus LR 1360 were also engaged in this context, informing the approach to what material in the public domain can signify about concealment and discoverability in practice...

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