Winter v Newbys Solicitors & Ors [2001] EWCA Civ 1385 (31 August 2001)

Winter v Newbys Solicitors & Ors [2001] EWCA Civ 1385 (31 August 2001)

All claims were statute-barred as Mr Winter was aware, or ought to have been aware, of the relevant documents and facts more than six years before commencing proceedings. No realistic prospect of success was shown on any ground.

Citation
[2001] EWCA Civ 1385
Parties
Applicant/claimant: Charles Edward Winter; Respondent/defendant: Newbys Solicitors; Respondent/defendant: Punch Robson Solicitors; Respondent/defendant: Thorp Parker Solicitors; Respondent/defendant: Addleshaw Booth & Co Solicitors; Respondent/defendant: Jacksons Solicitors
Jurisdiction
England and Wales
Judgment Date
31 August 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Order Striking Out Claims
Outcome
Permission to appeal refused
Legal Topics
Limitation of Actions, Solicitor Negligence, Striking Out, Suppression of Documents
Civil Procedure Professional Negligence Limitation of Actions Solicitor Negligence Striking Out Suppression of Documents

Case Brief

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Parties

Charles Edward Winter

Applicant/claimant

Newbys Solicitors

Respondent/defendant

Punch Robson Solicitors

Respondent/defendant

Thorp Parker Solicitors

Respondent/defendant

Addleshaw Booth & Co Solicitors

Respondent/defendant

Jacksons Solicitors

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Order Striking Out Claims

Legal Issues

  1. 1 Whether the claims against the solicitors were statute-barred under the Limitation Act 1980
  2. 2 Whether there was suppression or forgery of documents by the solicitors
  3. 3 Whether any of the claims had a realistic prospect of success

Ratio Decidendi

All claims were statute-barred as Mr Winter was aware, or ought to have been aware, of the relevant documents and facts more than six years before commencing proceedings. No realistic prospect of success was shown on any ground.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • Order of costs against Mr Winter stands