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ARTICLE · 27 NOVEMBER 2023

PPI Unlimited – S.32 Limitation Act 1980 Reconsidered

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For financial institutions hoping PPI mis-selling claims were behind them, the Supreme Court's ruling in Canada Square Operations Ltd v Potter may come as an unwelcome re-opening of old wounds.

United KingdomLitigation, Mediation & Arbitration
Christopher Charlton
Christopher Charlton
Madeleine Brown
Madeleine Brown

For financial institutions hoping PPI mis-selling claims were behind them, the Supreme Court's ruling in Canada Square Operations Ltd v Potter may come as an unwelcome re-opening of old wounds.

The UK's highest court delivered its unanimous ruling1 on the meaning of relevant parts of the Limitation Act 1980 (LA 1980) that could permit around 26,000 more PPI claims to proceed.

But the case contains some good news for defendants as well. The Supreme Court has overruled previous authorities on the interpretation of “deliberate” for limitation purposes. The judgment finds that the meaning of “deliberate” is narrower than previously suggested and cannot include “reckless” conduct.

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