Rachel Sleeman and Zachary Kell successfully resist application for summary judgment in High Court deceit claim

6th May 2021

Rachel Sleeman and Zachary Kell acted for the Claimant in Arif v Sanger [2021] EWHC 1183 (QB) a claim for deceit/fraudulent misrepresentation in relation to a purported property development venture in East London. The Defendant applied for summary judgment on the basis that the claim was statute barred under the Limitation Act 1980 and that the Claimant had no real prospect of successfully relying upon ss. 32(1)(a) (actions based upon the fraud) and 32(1)(b) (where any relevant fact has been deliberately concealed).

The Defendant’s application was dismissed by Senior Master Fontaine following a day’s submissions which explored in detail what it means when a claimant “could have with reasonable diligence discovered” the fraud or concealment. The judgment shows the high risk in making an application for summary judgment in a case involving contentious allegations of fraud and complex questions of the law of limitation.

A copy of the judgment can be read here.