The Six Year Rule for Litigation

In the recent case before the courts, black cab drivers lose the opportunity to challenge Uber with regard to the alleged misinformation it provided when first applying for a licence.  The judge did not hear the £340 million case as he pointed out that the matter should have been brought within six years and the time limit has now expired.  The date of knowledge rule which applies to cases where a law firm is being sued for failing to bring a case to court with the six year rule, the court has deemed that the “knowledge” was readily available and the cab drivers contention that they wanted a legal evaluation did not apply.

Since Uber first appeared on the streets of London, black cab drivers have strongly complained that Uber does not have to adhere to the very strict rules that black cab drivers are obliged to comply with which are aimed at securing the safety and the security of those who ride with them.  

Black cabs have a wide range of obligations to complete for both the driver and the vehicle, including passing the Knowledge the demanding test where 25,000 streets in London must be memorised, DVLA group 2 medical fitness test and an enhanced DBS criminal record check as well as many other criteria before being able to operate and black cab drivers object to the fact that Uber drivers do not have such rigorous obligations.  The latest legal attempt to limit Uber drivers has been met with a legal knock-back as the judge would not hear the case as it fell outside the six-year limit for bringing such a claim.  This is a double blow for black cab drivers as they have already funded a successful case involving a route that they were prevented from using but now are able to use.  However, this may be a legal case too far for the purses of the black cab drivers.

Organisations and individuals wishing to make a claim against another party must be aware of the six-year limitation to bring a legal claim, as once this has passed there is a very limited opportunity to address your problem in court.  The entire issue depends on the type of claim you are intending to bring, there are other factors that may allow your legal action to proceed.  
Some of the issues that enable that a legal case to be enacted after the six-year limitation period:

• When relevant facts were unknown
• Deliberate concealment or fraud 
• A claim arose later than originally thought
• The defendant concealed relevant information
• Negotiations delayed action

Clearly, in is infinitely better to ensure that any legal case is brought before the court within the six-year rule. as anyone wishing to challenge a law firm for negligence should be aware that there is a not inconsiderable cost in legal fees attached.  However, that should be balanced against the potential damages that may be awarded in a successful challenge.

Should you have an issue with a claim that was not invoked within six years the litigation lawyers at Giambrone and Partners can assist in guiding clients through difficult decisions to successfully navigate your claim.

For more information please contact client services on 020 7183 9482 or email client.services@giambronelaw.com