Nouri v Marvi & Ors [2009] EWHC 2725 (Ch) (07 October 2009)

Nouri v Marvi & Ors [2009] EWHC 2725 (Ch) (07 October 2009)

The cause of action in negligence against the third defendant solicitors accrued on 2 April 2001 when the forged transfer was put into circulation, as this constituted an immediate detriment to the claimant's title and measurable economic disadvantage. The claim, brought more than six years later, is statute barred.

Citation
[2009] EWHC 2725 (Ch)
Parties
Claimant: Nouri; First Defendant: Marvi; Second Defendant: Land Registry; Third Defendant: Atti Kalistra Smith (a firm of solicitors)
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Civil / Limitation Preliminary Issue Determination
Outcome
Claim statute barred
Legal Topics
Limitation of Actions, Negligence by Solicitors, Registered Land, Forgery, Duty of Care
Tort Law Professional Negligence Property Law Limitation of Actions Negligence by Solicitors Registered Land Forgery Duty of Care

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Parties

Nouri

Claimant

Marvi

First Defendant

Land Registry

Second Defendant

Atti Kalistra Smith (a firm of solicitors)

Third Defendant

Procedural Posture

Civil / Limitation Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant's action against the third defendant is time-barred under the Limitation Act 1980
  2. 2 When actual damage occurred for the purposes of accrual of a cause of action in tort against solicitors in conveyancing fraud

Ratio Decidendi

The cause of action in negligence against the third defendant solicitors accrued on 2 April 2001 when the forged transfer was put into circulation, as this constituted an immediate detriment to the claimant's title and measurable economic disadvantage. The claim, brought more than six years later, is statute barred.

Court Disposition

Claim statute barred

Orders

  • Claim against the third defendant dismissed as time-barred