Summary of Recent Cases – Substantive Law

Limitation Period In Professional Negligence Claim Ran From The Date Of Payment Out Of The Estate’s Account

Lane v. (1) Cullens Solicitors (2) Bowling & Co LLP (3) Bowling & Co (Solicitors) LLP, CA, 11/5/11

The Court of Appeal held that the personal representative’s professional negligence claim had been bought out of time in circumstances where it had been issued more than 6 years after the distribution of payments out of the estate account. The alleged negligence was that the solicitors of the deceased, who had died intestate, had failed to advise him against distribution of his assets. The Court of Appeal held that the loss suffered by the estate had been sustained as at the date the payment out of the estate’s account and thus limitation began to run from this time.

June 23, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases