The court was asked ‘when an innocent vendor whose signature is forged on the documents for the conveyance of land suffers damage, for the purposes of limitation of an action arising from a solicitor’s breach of duty. Is it on the exchange of contracts, in which case the present claim is said to be time barred; or is it only on completion, in which case the claim was just commenced in time?’
Held: The loss was suffered on the exchange. It was at that time that she could have commenced proceedings.
Roth J
[2011] EWHC 393 (Ch)
Bailii
Limitation Act 1980 2
England and Wales
Citing:
Cited – Nouri v Marvi and Others CA 14-Oct-2010
The claimant was the registered owner of a leasehold flat, allowing the defendant to live in the flat while he was out abroad. The defendant first re-mortgaged the property in the claimant’s name, forging the claimant’s signature on the mortgage . .
Cited – Forster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
Cited – Ahmed v Kendrick 1987
The effect of the passing of a beneficial interest by a fraudster owner of that interest to a third party is to sever the beneficial joint tenancy. . .
Cited – Nouri v Marvi and Others CA 14-Oct-2010
The claimant was the registered owner of a leasehold flat, allowing the defendant to live in the flat while he was out abroad. The defendant first re-mortgaged the property in the claimant’s name, forging the claimant’s signature on the mortgage . .
Cited – Bell v Peter Browne and Co CA 1990
Mr Bell asked his solicitors to transfer the matrimonial home into his wife’s sole name. He was to receive a one-sixth interest of the gross proceeds on a sale. His interests were to be protected by a trust deed or mortgage. The solicitor drafted . .
Cited – Edwards v Lloyd’s TSB Bank plc ChD 2004
A contract in which one co-owner’s signature has been forged by the other is not a nullity but remains valid in relation to the fraudulent co-owner. . .
Lists of cited by and citing cases may be incomplete.
Limitation, Contract
Updated: 11 November 2021; Ref: scu.430246