The claimant said his solicitors had failed to protect his interests in a partnership agreement into which he subsequently entered. The agreement contained less favourable terms than those which should have been agreed and he claimed damages accordingly. Alternatively he claimed damages on the basis that the solicitors’ breach of duty had caused him to lose the chance of securing an agreement on more favourable terms. He contended that the loss was only suffered when he ceased to be a member of the partnership.
Held: His cause of action accrued when he entered into the partnership agreement. That was the point in time when he suffered an actual loss.
Judges:
Lord Justice Pill, Lord Justice Latham, Mr Justice Morland
Citations:
[2003] EWCA Civ 425, [2003] Lloyd’s Rep PN 167, [2003] PNLR 25
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Watkins and Another v Jones Maidment Wilson (A Firm) CA 4-Mar-2008
The claimants alleged professional negligence by the defendant solicitors in advising them to agree to a postponment of a completion. The defendants raised as a preliminary issue the question of limitation. The claimant said that the limitation . .
Lists of cited by and citing cases may be incomplete.
Limitation, Professional Negligence
Updated: 20 November 2022; Ref: scu.180460
