Iqbal v Legal Services Commission

Iqbal v Legal Services Commission

The claims for breach of statutory duty and misfeasance in public office were statute-barred because all alleged tortious acts and material damage occurred before 23rd October 1997, and there were no continuing breaches or fresh causes of action within the limitation period. The facts did not support the existence of a continuing tort.

Parties
Claimant/appellant: Aurangzeb Iqbal; Defendant/respondent: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
10 May 2005
Procedural Posture
Civil Appeal / Appeal From High Court (mercantile List) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Breach of Statutory Duty, Misfeasance in Public Office, Limitation Periods, Continuing Torts
Tort Law Statutory Duty Limitation of Actions Breach of Statutory Duty Misfeasance in Public Office Limitation Periods Continuing Torts

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Parties

Aurangzeb Iqbal

Claimant/appellant

Legal Services Commission

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (mercantile List) to Court of Appeal

Legal Issues

  1. 1 Whether the claims for breach of statutory duty and misfeasance in public office are statute-barred under the Limitation Act
  2. 2 Whether the alleged breaches constituted continuing torts giving rise to fresh causes of action within the limitation period

Ratio Decidendi

The claims for breach of statutory duty and misfeasance in public office were statute-barred because all alleged tortious acts and material damage occurred before 23rd October 1997, and there were no continuing breaches or fresh causes of action within the limitation period. The facts did not support the existence of a continuing tort.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs in the agreed sum of £4,000