Mortgage Express v Abensons Solicitors (A Firm): ChD 20 Apr 2012

The claimant lender sought damages against the defendant solicitors alleging negligence and breach of fiduciary duty by them in acting for them on mortgage advances. The defendants now argued that the allowance of an amendment to add the allegation of breach of trust had improperly removed a limitation defence.
Held: The appeal was allowed. The court noted that the claimant may in any event have issued new proceedings in which the fiduciary breach claims were raised, and it would be for another court to consider whether the claims should later be consolidated.

Cooke J
[2012] EWHC 1000 (Ch)
Limitation Act 1980 32
England and Wales
CitedWelsh Development Agency v Redpath Dorman Long Ltd CA 4-Apr-1994
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The . .
CitedMoody v Cox and Hatt CA 1917
An action was brought for rescission of a contract of sale of a public house and four cottages, with a counterclaim for specific performance. The sellers, Hatt and Cox, were respectively a solicitor and his managing clerk. They were the trustees of . .
CitedMothew (T/a Stapley and Co) v Bristol and West Building Society CA 24-Jul-1996
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse . .
CitedMortgage Corporation v Alexander Johnson (A Firm) ChD 7-Jul-1999
The rule that in the case of a dispute as to whether a claim was time barred, a fresh action had to be begun to allow the proposition to be tested, did not apply where the delay arose from some deliberate concealment of the cause of action by the . .
CitedCave 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 . .
CitedLeeds and Holbeck Building Society v Arthur and Cole ChD 2001
A claim for breach of fiduciary duty by a solicitor as against his lender client, required that it be found that the solicitor ‘did not disclose matters which he admittedly ought to have done to the claimant, intentionally and consciously, knowing . .
CitedSeaton and Others v Seddon ChD 23-Mar-2012
The claimants sought damages alleging that royalties were due to them. The defendant solicitors applied to strike out the action as against themselves as an abuse of process. . .
CitedWilliams v Fanshaw Porter and Hazelhurst CA 18-Feb-2004
The claimant alleged that her solicitors had concealed from her the fact that they had entered a consent order which dismissed her claim for medical negligence.
Held: The solicitor had failed to inform the client that her original claim . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Trusts, Litigation Practice, Limitation

Updated: 13 December 2021; Ref: scu.457680