Pupil barrister, Atkin Chambers

When does a cause of action accrue in tort? This deceptively simple question defies a simple answer in the context of defective buildings suffering from a latent defect. The difficulty stems from the fact that “damage” is required to complete a cause of action in negligence, yet latent defects may never materialise as physical damage. This difficulty is further evidenced by decisions in the highest appellate courts across different common law jurisdictions reaching opposing views. Whereas England and Wales, Hong Kong (SAR) and Singapore have adopted a strict approach to the accrual of a cause of action based on the date of damage in physical damage cases, in Canada, Australia and New Zealand, courts have embraced calculations of causes of action based on when damage is discovered or potentially discoverable by a claimant.