Having been exposed to virtually indefinite limitation periods in respect of negligence claims by virtue of Brocklesby, interpretation of the Limitation Act has now been clarified following the House of Lords’ decision in Cave v. Robinson Jarvis & Rolf [2002] UKHL 18. In Cave, the House of Lords overruled an English Court of Appeal decision, Brocklesby v. Armitage & Guest [2001] 1 All ER 172, which had the effect of undermining the viability of a limitation defence in many professional negligence cases by extending the meaning of the expression "deliberate concealment" in Section 32(1)(b) Limitation Act 1980, a provision which is mirrored by Section 26(1)(b) of the Hong Kong Limitation Ordinance.
