L – Limitation
17/9/15
CANADA SQUARE LIMITED v KINLEIGH FOLKARD & HAYWARD LIMITED, Central London County Court
A lender's claim for professional negligence against a valuer was time-barred. Time started running when the combined value of the borrower’s covenant and the value of the property was less than the mortgage loan (Nykredit v Erdman, 1998; DNB Mortgages v Bullock, 2000). On the facts that date was outside the limitation period so the claim was out of time.
19/12/14
BARNETT v CREGGY [2014] EWHC 3080 (Ch)
Claim for an account against a solicitor and defence of limitation.
13/7/14
BLAKE LAPTHORN SOLICITORS v ABBEY LIFE TRUST SECURITIES LTD [2014] EWHC (Ch)
A new claim had been correctly permitted to be introduced by amendment of an existing professional negligence claim outside the primary limitation period. The existing claim was for negligent advice as to the effect of a deed. The new claim, for negligent advice as to the certification of the deed, arose out of substantially the same facts within s 35 Limitation Act 1980 & CPR r 17.4(2).
10/10/12
BMW FINANCIAL SERVICE (GB) LIMITED v HART (CA)
The limitation period for a claim on a hire purchase agreement began on service of a notice of termination of the agreement or when it had been communicated that the owner accepted the borrower's repudiation.
19/4/12
GINN v FIRSTPLUS FINANCIAL GROUP PLC (Unrep) Birmingham County Court
A broker had acted as an introducer, not as an adviser, in arranging a PPI policy. He had not acted as an agent in a fiduciary capacity, and he had no duty to disclose the amount of his commission. He had been negligent by suggesting that the premium would be refunded in full and failing to point out that interest would be payable on the premium. But the limitation period started running when the policy was taken out in August 2004, the claimant knew the material facts by December 2005 and as the claim was not issued until October 2010 it was time-barred.