Morshead Mansions Ltd v PJD Langford & Ors [2004] EWCA Civ 430 (29 March 2004)

There was no significant material to suggest deliberate concealment by the solicitors, and no real prospect of success in the claims advanced; permission to appeal is refused.

Citation: [2004] EWCA Civ 430
Parties: Claimant/applicant: Morshead Mansions Limited; Defendants/respondents: PJD Langford and 17 others
Jurisdiction: England and Wales
Judgment Date: 29 March 2004
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Permission to appeal refused
Legal Topics: Limitation of Actions, Fiduciary Duty, Solicitor's Duty, Permission to Appeal

Civil Procedure Professional Negligence Limitation of Actions Fiduciary Duty Solicitor's Duty Permission to Appeal

Case Brief

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Parties

Morshead Mansions Limited

Claimant/applicant

PJD Langford and 17 others

Defendants/respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether there was deliberate concealment sufficient to overcome limitation issues in a claim for breach of fiduciary duty against solicitors
2 Whether the solicitors owed a duty to advise on who should send a contractual letter
3 Whether advice to directors regarding formation of a subcommittee constituted actionable negligence

Ratio Decidendi

There was no significant material to suggest deliberate concealment by the solicitors, and no real prospect of success in the claims advanced; permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

Permission to appeal refused