Nouri v Marvi & Ors

Nouri v Marvi & Ors

The cause of action in negligence accrued on 2nd April 2001 when the forged transfer was put into circulation, causing immediate detriment to the claimant's title; the claim is statute barred.

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 / Judgment on Limitation Point
Outcome
Claim against third defendant is statute barred.
Legal Topics
Limitation of Actions, Negligence, Duty of Care, Land Registration, Forgery
Tort Property Law Professional Negligence Limitation of Actions Negligence Duty of Care Land Registration Forgery

Case Brief

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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 / Judgment on Limitation Point

Legal Issues

  1. 1 Whether the claimant's action against the third defendant is time barred
  2. 2 When the cause of action in negligence accrued

Ratio Decidendi

The cause of action in negligence accrued on 2nd April 2001 when the forged transfer was put into circulation, causing immediate detriment to the claimant's title; the claim is statute barred.

Court Disposition

Claim against third defendant is statute barred.

Orders

  • Claim against third defendant dismissed as time barred.