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James Brocklesby v Armitage and Guest (a Firm): CA 9 Jul 1999

A failure by an adviser to make his position clear when he thought he had been negligent, could constitute a ‘deliberate’ act within section 32 even if the defendant’s actions were not motivated by any intention to deceive the claimant: ‘it is not necessary for the purpose of extending the limitation period pursuant to Section … Continue reading James Brocklesby v Armitage and Guest (a Firm): CA 9 Jul 1999

Cave v Robinson Jarvis and Rolf (a Firm): HL 25 Apr 2002

An action for negligence against a solicitor was defended by saying that the claim was out of time. The claimant responded that the solicitor had not told him of the circumstances which would lead to the claim, and that deliberate concealment should extend the limitation period. Held: Brocklesby was wrongly decided. Section 32 should deprive … Continue reading Cave v Robinson Jarvis and Rolf (a Firm): HL 25 Apr 2002

AIC Ltd v ITS Testing Services (UK) Ltd (‘the Kriti Palm’): CA 28 Nov 2006

The defendant appealed a finding of deceit. Having issued its certificate as to the quality of a cargo of gasoline, it then failed to disclose to the party who had paid it to produce the certificate, information it had which cast doubt on the accuracy of te certificate. Held: Dishonesty was the essence of the … Continue reading AIC Ltd v ITS Testing Services (UK) Ltd (‘the Kriti Palm’): CA 28 Nov 2006

Ezekiel v Lehrer: CA 30 Jan 2002

The applicant claimed that his solicitor had been negligent with regard to the execution of a mortgage. The solicitor said his claim was time barred. The claimant said the solicitor had hidden the true situation from him, and the solicitor replied that he had merely refused to answer a question put to him, but had … Continue reading Ezekiel v Lehrer: CA 30 Jan 2002

Cave v Robinson Jarvis and Rolf: CA 20 Feb 2001

The court was asked as to the meaning of the word ‘deliberate’ as it appeared in section 32(2) of the 1980 Act. Judges: Potter, Sedley, Jonathan Parker LJ Citations: [2001] EWCA Civ 245, [2001] PNLR 573, [2002] 1 WLR 581, [2001] Lloyd’s Rep PN 290, 78 Con LR 1, [2001] PNLR 23, (2001) 17 Const … Continue reading Cave v Robinson Jarvis and Rolf: CA 20 Feb 2001