Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 (11 May 2011)

Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 (11 May 2011)

The cause of action in tort for negligence accrued when the claimant, as personal representative, distributed estate funds with notice of Mrs Hannah's claim, thereby altering his legal position and suffering actionable loss. The limitation period began at the date of distribution, not when the third party claim was later established by the court.

Citation
[2011] EWCA Civ 547
Parties
Claimant/appellant: John Lane; Defendant/respondent: Cullens Solicitors; Defendant/respondent: Bowling & Co LLP; Defendant/respondent: Bowling & Co (Solicitors) LLP
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment Striking Out Negligence Claim as Statute Barred
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Accrual of Cause of Action, Negligence by Solicitors, Distribution of Estate With Notice of Third Party Claim, Proprietary Estoppel, Constructive Trust
Tort Professional Negligence Trusts and Estates Limitation Limitation of Actions Accrual of Cause of Action Negligence by Solicitors Distribution of Estate With Notice of Third Party Claim +2 more

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Parties

John Lane

Claimant/appellant

Cullens Solicitors

Defendant/respondent

Bowling & Co LLP

Defendant/respondent

Bowling & Co (Solicitors) LLP

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment Striking Out Negligence Claim as Statute Barred

Legal Issues

  1. 1 When does a cause of action in tort for solicitor's negligence accrue in the context of estate administration with notice of a third party claim?
  2. 2 Does the making of a distribution from an estate with notice of a third party claim constitute actionable damage for limitation purposes?

Ratio Decidendi

The cause of action in tort for negligence accrued when the claimant, as personal representative, distributed estate funds with notice of Mrs Hannah's claim, thereby altering his legal position and suffering actionable loss. The limitation period began at the date of distribution, not when the third party claim was later established by the court.

Court Disposition

Appeal dismissed

Orders

  • Negligence claim remains struck out as statute-barred
  • No order as to costs specified in the judgment