References: [2005] EWHC 1675 (Ch)
Links: Bailii
Coram: Lewison J
Ratio: A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but for’ test set out in the Kuwait Airlines case was passed. ‘But for’ the negligence relief would have been obtained. The law has abandoned the theory that a claimant’s impecuniosity absolves a tortfeasor from liability. As to damages, the value of the lease would include a sum in respect of loss of profits.
This case cites:
- Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL (House of Lords, Times 21-May-02, Bailii, [2002] 2 WLR 1353, [2002] 2 AC 883, [2002] UKHL 19)
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . . - Cited – Hopkins v Mackenzie CA (Times 03-Nov-94, Independent 27-Oct-94, Gazette 07-Dec-94, [1995] PIQR 43)
A loss arising from a solicitor’s failure to pursue a case arose only when the claim was struck out, not earlier when compromised, and even though value already diminished. Accordingly the limitation period began to run from that time. . . - Cited – Khan v R M Falvey and Co (a Firm) CA (Times 12-Apr-02, Bailii, Gazette 10-May-02, [2002] EWCA Civ 400, [2002] Lloyd’s Rep PN 369, [2002] PNLR 28)
The claimant sought damages from his former solicitors for failing to act to avoid his case being struck out. The second action was itself delayed, and the defendants asserted that the cause of action occurred not when his claim was actually struck . . - Cited – Billson and Others v Residential Tenancies Ltd CA ([1992] 1 All ER 141)
As to the exercise of relief in equity outside the limitation period: ‘This is not to say that courts of equity should now grant relief without any regard to the statutory provisions. Equity follows the law, but not slavishly nor always: see Cardozo . . - Cited – Lagden v O’Connor HL (House of Lords, [2003] UKHL 64, Bailii, Times 05-Dec-03, [2004] 1 AC 1067, [2004] 1 All ER 277, [2003] 3 WLR 1571, [2004] Lloyd’s Rep IR 315, [2004] RTR 24)
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . . - Cited – Billson and Others v Residential Tenancies Ltd HL (Gazette 22-Jan-92, [1992] 1 AC 494, [1992] 2 WLR 15, Bailii, [1991] UKHL 7, [1991] 3 WLR 264)
Relief from forfeiture was available against a landlord who had peaceably re-entered property subject to a tenancy without a court order. Such a landlord was still ‘proceeding’ to enforce his rights of forfeiture until he obtained a judgment for . . - Cited – Lovelock v Margo ([1963] 2 All ER 13, [1963] 2 QB 786)
The tenant wished to assign the lease. The lease contained the ‘usual covenant’ not to assign without consent, that consent not to be unreasonably withheld. The landlord had refused a request from the tenant to assign the lease because she was ‘not . . - Cited – Thatcher v CH Pearce and Sons (Contractors) Ltd ([1968] 1 WLR 748)
(Bristol Assizes) The tenant was the tenant of a scrap yard. He had paid his rent promptly, until he was sent to prison. Thereafter he failed to pay the rent; and had no access to legal advice. The landlord peaceably re-entered for non-payment of . . - Cited – Crehan v Inntrepreneur Pub Company (CPC) CA (Bailii, [2004] EWCA Civ 637, Times 28-May-04, [2004] 3 EGLR 128, [2004] EuLR 693)
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
(This list may be incomplete)
Last Update: 06 June 2019
Ref: 234731