Kaberry v Freethcartwright & Anor [2002] EWCA Civ 1966 (19 December 2002)

Kaberry v Freethcartwright & Anor [2002] EWCA Civ 1966 (19 December 2002)

The claimant's failure to issue a writ within the limitation period, despite knowledge of the deadline and ability to do so, broke the chain of causation. The alleged negligence of the defendants was not the cause of the loss of the action against Dr Zoltowski. The damages claimed were too remote and not foreseeable. The appeal against summary judgment was dismissed, but the claimant was given a final opportunity to amend his particulars of claim.

Citation
[2002] EWCA Civ 1966
Parties
Claimant/appellant: Simon Edward John Kaberry; First Defendant/respondent: Freethcartwright (formerly Freeth Cartwright Hunt Dickens); Second Defendant/respondent: Oliver Thorold
Jurisdiction
England and Wales
Judgment Date
19 December 2002
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division
Outcome
Appeal dismissed, but adjourned to allow claimant to amend particulars of claim.
Legal Topics
Limitation of Actions, Summary Judgment, Causation, Remoteness of Damage, Bankruptcy and Assignment, Legal Aid
Professional Negligence Civil Procedure Limitation of Actions Summary Judgment Causation Remoteness of Damage Bankruptcy and Assignment Legal Aid

Case Brief

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Parties

Simon Edward John Kaberry

Claimant/appellant

Freethcartwright (formerly Freeth Cartwright Hunt Dickens)

First Defendant/respondent

Oliver Thorold

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division

Legal Issues

  1. 1 Whether the defendants' alleged negligence or breach of contract caused the claimant to lose his cause of action against Dr Zoltowski
  2. 2 Whether the claim was statute-barred due to limitation
  3. 3 Whether the claimant's own actions broke the chain of causation

Ratio Decidendi

The claimant's failure to issue a writ within the limitation period, despite knowledge of the deadline and ability to do so, broke the chain of causation. The alleged negligence of the defendants was not the cause of the loss of the action against Dr Zoltowski. The damages claimed were too remote and not foreseeable. The appeal against summary judgment was dismissed, but the claimant was given a final opportunity to amend his particulars of claim.

Court Disposition

Appeal dismissed, but adjourned to allow claimant to amend particulars of claim.

Orders

  • Appeal adjourned to allow Mr Kaberry to serve amended particulars of claim by 4.00pm on 24th February; failing service, appeal dismissed.
  • Liberty to apply before 28th February 2003.