Byatt v Nash [2002] EWCA Civ 1321 (17 September 2002)
There was sufficient written acknowledgment of the debt to extend the limitation period, and the combination of bills was permissible under section 69 of the Solicitors Act 1974. The technical objections raised by the applicant did not provide a reasonable prospect of success on appeal.
- Citation
- [2002] EWCA Civ 1321
- Parties
- Claimant/respondent: Martin Byatt (formerly trading as MBP Byatt & Co); Defendant/applicant: Adrian Nash
- Jurisdiction
- England and Wales
- Judgment Date
- 17 September 2002
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application refused
- Legal Topics
- Limitation of Actions, Solicitors' Bills, Acknowledgment of Debt
Case Brief
Summary, issues, holding and outcome
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Parties
Martin Byatt (formerly trading as MBP Byatt & Co)
Claimant/respondent
Adrian Nash
Defendant/applicant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the claim for solicitors' fees was time-barred under the Limitation Act 1980
- 2 Whether section 69 of the Solicitors Act 1974 was complied with regarding the delivery and combination of bills
- 3 Whether there was a valid acknowledgment of debt to extend the limitation period
Ratio Decidendi
There was sufficient written acknowledgment of the debt to extend the limitation period, and the combination of bills was permissible under section 69 of the Solicitors Act 1974. The technical objections raised by the applicant did not provide a reasonable prospect of success on appeal.
Court Disposition
Application refused
Orders
- Application for permission to appeal dismissed
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