Haward and Others v Fawcetts (A Firm) and Another
| Jurisdiction | UK Non-devolved |
| Judge | LORD NICHOLLS OF BIRKENHEAD,LORD SCOTT OF FOSCOTE,LORD WALKER OF GESTINGTHORPE,LORD BROWN OF EATON-UNDER-HEYWOOD,LORD MANCE |
| Judgment Date | 01 March 2006 |
| Neutral Citation | [2006] UKHL 9 |
| Court | House of Lords |
| Date | 01 March 2006 |
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131 cases
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Graham Frank Davy v 01000654 Ltd (Formerly Heather Moor & Edgecomb Ltd)
...Recognising that some other cases within those cited to me did involve a determination of the point at a trial of a preliminary issue ( Haward v Fawcetts and Jacob v Sesame are examples where that course was adopted) I do not accept Mr Howarth's submission that the Application should, in ef......
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Stephane Etroy v Speechly Bircham LLP
...in whole or in part to the act or omission which is alleged to constitute negligence” (addressed in s14A(8)(a)). 74 Lord Nicholls in Haward v Fawcetts [2006] UKHL 9 [8–10] explained the degree of knowledge required for both elements as follows: “9. Thus, as to the degree of certainty requi......
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Susan Jacobs v Sesame Ltd
...to act on) that advice." 26 The leading authority on the application of these provisions is the decision of the House of Lords in Haward v Fawcetts [2006] 1 WLR 682, a case concerned however only with actual knowledge. Their Lordships did not perhaps speak with entirely one voice, but such ......
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O'Sullivan v Ireland, the Attorney General
...of the English Court of Appeal in Hallam-Eames has since been considered and upheld by the House of Lords in Haward v. Fawcetts (a Firm) [2006] UKHL 9, [2006] 1 W.L.R. 682. That decision concerns the application of s. 14A of the Limitation Act 1980, as inserted by the Latent Damage Act 19......
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4 firm's commentaries
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Financial Mis-Selling Key Case | Booker Anor v RT Financial Services UK Limited
...to bring such an action." After considering the relevant case-law (including the House of Lords' decision in Haward v Fawcetts (A Firm) [2006] UKHL 9 and the Court of Appeal's decision in Shore v Sedgwick Financial Services Limited [2008] EWCA Civ 863), Master Matthews decided it was only n......
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Tax Advice Under Scrutiny: Halsall V Champion Consulting
...[1957] 1 WLR 582 8 Altus Group Ltd v Baker Tilly Tax & Advisory Services & Anor [2015] EWHC 12 (Ch) 9 Haward v Fawcetts (A Firm) [2006] 1 WLR 682 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your s......
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Accountants' Liability Update
...that it is reasonable for him to seek. The House of Lords gave guidance on what s14A requires in terms of knowledge in Haward v Fawcetts [2006] UKHL 9, clarifying that it does not mean knowing for certain but with sufficient confidence to justify the preliminaries to the issue of a claim su......
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The High Court of Justice hands down judgment on professional negligence in tax avoidance schemes
...to the issue of the claim form…the claimant must know enough for it to be reasonable to begin to investigate further" (Haward v. Fawcetts [2006] UKHL 9). The degree of detail test is knowing there was a real possibility that the damage was caused by the alleged defendants' negligence. The C......
3 books & journal articles
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Defects
...or by the owner if a collateral warranty was given by the subcontractor to the owner) in respect of the defect. 187 Haward v Fawcetts [2006] 1 WLr 682 at 684 [3], per Lord Nicholls. See also Kensington & Chelsea & Westminster Area Health Authority v Wettern Composites Ltd [1985] 1 all Er 34......
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Litigation
...[1990] 1 WLR 472 at 479, per Lord Griiths; Cave v Robinson Jarvis & Rolf [2003] 1 AC 384 at 390 [6], per Lord Millett; Haward v Fawcetts [2006] 1 WLR 682 at 690–691 [32], per Lord Scott; Ministry of Defence v AB [2012] UKSC 9 at [6], per Lord Wilson. 2140 LITIGATION it against the risk of c......
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The Overpaid Tax Litigation: Roadblocked
...paraphrasing Deutsche Morgan n 3 above, 165 per Lord Brown of Eaton-under-Heywood.51 FII (SC II) ibid at [193], quoting Haward vFawcetts [2006] UKHL 9, [2006] 1 WLR 682 at [9]per Lord Nicholls of Birkenhead.1112 © 2021 The Author.The Modern Law Review © 2021 The Modern Law Review Limited.(2......