The Court of Appeal’s decision in Kay v Martineau Johnson [2026] EWCA Civ 224 considers the distinction between actual and constructive knowledge under Section 14A of the Limitation Act 1980. Ms Kay sued her solicitors following allegedly negligent advice during her 2008 divorce settlement.
The Court of Appeal (overturning the court below), found that she did not have actual knowledge, but that she could be fixed with constructive knowledge under Section 14A(10).
The Court also rejected impecuniosity as a justification for delay, noting that it would be relevant only in rare cases and would require detailed evidence.
In this article, Tom Stafford considers the implications of the decision for parties and practitioners. To read the full note, please click below.
