Iqbal v Legal Services Commission [2005] EWCA Civ 623 (10 May 2005)
The alleged breaches and acts of misfeasance occurred and caused material damage before the limitation cut-off date; no continuing breach or fresh cause of action arose after that date, rendering the claims statute-barred.
- Citation
- [2005] EWCA Civ 623
- Parties
- Claimant/appellant: Aurangzeb Iqbal; Defendant/respondent: Legal Services Commission
- Jurisdiction
- England and Wales
- Judgment Date
- 10 May 2005
- Procedural Posture
- Appeal / Court of Appeal (civil Division), Post High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Limitation Periods, Breach of Statutory Duty, Misfeasance in Public Office
Case Brief
Summary, issues, holding and outcome
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Parties
Aurangzeb Iqbal
Claimant/appellant
Legal Services Commission
Defendant/respondent
Procedural Posture
Appeal / Court of Appeal (civil Division), Post High Court Judgment
Legal Issues
- 1 Whether claims for breach of statutory duty and misfeasance in public office are statute-barred
- 2 Whether the alleged breaches constituted continuing torts accruing fresh causes of action within the limitation period
Ratio Decidendi
The alleged breaches and acts of misfeasance occurred and caused material damage before the limitation cut-off date; no continuing breach or fresh cause of action arose after that date, rendering the claims statute-barred.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs in the agreed sum of £4,000
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