“… be cases where pleadings and disclosure will be necessary before a limitation challenge can be decided: see KR and Others v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 85 at [74(vi)]. This may be particularly important in deciding, in a tort claim, when damage occurred or whether there has been deliberate concealment. But it wil…”
“…33 issue along with the substantive issues in it. It is clear from paragraph 74 of the judgment of Lord Justice Auld in KR v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 85, approved in B v Nugent Care Society [2009] EWCA Civ 827, that in such circumstances I should take care not to determine the substantive issues, including liab…”
“…We were referred to the judgment of Auld LJ in KR v Bryn Alyn Community (Holdings Limited [2003] EWCA Civ 85 where one finds this (in paragraph 74(vii)):…”
“…apply the limitation period and (b) deciding whether the claimant’s allegations are true, there are obvious dangers. In KR v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 85, [2003] Q.B. 1441 Auld LJ put it this way:…”