Other cases that caught our eye: 23 April 2021

Limitation and equitable rescission for fraudulent misrepresentation

In IGE USA Investments Ltd (formerly IGE USA Investments) v HMRC [2021] EWCA Civ 534 (14 April 2021) the Court of Appeal allowed an appeal against the decision of Zarcoli J and refused HMRC permission to amend in respect of their claim for equitable rescission on the ground of fraudulent misrepresentation. The key question on appeal was whether the six-year limitation period for claims founded on the tort of deceit under s 2 of the Limitation Act 1980 (LA 1980) at least arguably applies ‘by analogy’ pursuant to LA 1980 s 36(1) to a claim for equitable rescission of a contract for fraudulent misrepresentation. LA 1980 s 36 provides that if you are seeking a form of equitable relief the time limits under LA 1980 are not to be applied automatically when pursuing certain types of claim ...