ARTICLE · 30 APRIL 2021

When Can "Deliberate Concealment" Postpone Limitation Periods?

Reynolds Porter Chamberlain

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The Court of Appeal has explored the meaning of "deliberate concealment" in Canada Square Operations Ltd v Potter and has held that there need not be "active steps of concealment" for the start of a limitation period ...

United KingdomConsumer Protection

The Court of Appeal has explored the meaning of "deliberate concealment" in Canada Square Operations Ltd v Potter¹ and has held that there need not be "active steps of concealment" for the start of a limitation period to be delayed under s.32(1)(b) Limitation Act 1980.

Facts

Ms Potter entered into a loan agreement with Canada Square for £16,953 in July 2006. Canada Square suggested that Ms Potter buy a PPI policy to ensure the loan was repaid in the event she could no longer make the payments herself. They acted as intermediary in arranging the policy on Ms Potter's behalf. The "payment protection premium lent" was £3,824 and, given that this sum was added to the loan, interest was charged on this amount at the same rate as for the rest of the loan. Ms Potter completed all payments due and the loan agreement came to an end in March 2010.

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