Limitation is a perennial concern for plaintiffs, and knowing
when time starts to run is particularly troublesome where
plaintiffs have been unaware of their potential claim due to either
a lack of information or worse, dishonesty. In CMC
Holdings Limited v Martin Henry Forster &
Ors1 the Jersey Court indicated albeit at a
preliminary stage of the proceedings, that neither a trustee of an
express trust nor a fiduciary who has acted dishonestly in breach
of trust or fiduciary duty can successfully plead a limitation
defence.
The Claim
The Plaintiffs were Kenyan companies that imported motor
vehicles into East Africa (the Companies).
They alleged that at some time between 1977 and 2011 certain former
directors of the Companies participated in unlawful arrangements to
receive secret commissions in respect of that importation.
The First Defendant was one of the former directors whom it
was alleged acted dishonestly in breach of his fiduciary duties and
should
