Elliott v Hattens Solicitors

Subject Matter

LIMITATION OF ACTION — Negligence — Firm of solicitors — Accrual of cause of action — Claimant tenant retaining defendant solicitors pursuant to executing underlease — Solicitors failing to name subtenant’s parents as guarantors to underlease — Premises subsequently destroyed by fire — Tenant commencing negligence action against solicitors — Whether tenant first suffering loss at time of transaction or on occasion of fire — Limitation Act 1980 (c 58), s 2

[2021] EWCA Civ 720; [2022] 1 All ER 635; [2021] WLR(D) 292, CA

Commentary

RPC Perspectives
A tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss Case comment

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