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 LJ 262, [2001] CP Rep 66, [2001] 9 EGCS 229, [2001] NPC 36, [2001] Lloyds Rep PN 290
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Doubted – 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 . .
Cited by:
Appeal from – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Limitation, Professional Negligence
Updated: 23 May 2022; Ref: scu.135565
