Anna Christie v The Mary Ward Legal Centre & Anor

Anna Christie v The Mary Ward Legal Centre & Anor

The cause of action accrued when the right to seek relief from forfeiture was lost, which coincided with the sale of the property at the end of July 2013. Minimal costs or inconvenience prior to this did not constitute real damage for limitation purposes. The claim was brought within six years of this date and is not statute-barred.

Parties
Claimant: Ms Anna Christie; First Defendant: The Mary Ward Legal Centre; Second Defendant: Mr Andrew Dymond
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Professional Negligence / Judgment on Limitation Period and Strike Out Application
Outcome
Claim not struck out; limitation defence rejected.
Legal Topics
Limitation Period, Accrual of Cause of Action, Loss and Damage, Relief From Forfeiture
Professional Negligence Limitation Limitation Period Accrual of Cause of Action Loss and Damage Relief From Forfeiture

Case Brief

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Parties

Ms Anna Christie

Claimant

The Mary Ward Legal Centre

First Defendant

Mr Andrew Dymond

Second Defendant

Procedural Posture

Professional Negligence / Judgment on Limitation Period and Strike Out Application

Legal Issues

  1. 1 When did the cause of action accrue for limitation purposes in a professional negligence claim?
  2. 2 Was the claim statute-barred due to being brought outside the limitation period?

Ratio Decidendi

The cause of action accrued when the right to seek relief from forfeiture was lost, which coincided with the sale of the property at the end of July 2013. Minimal costs or inconvenience prior to this did not constitute real damage for limitation purposes. The claim was brought within six years of this date and is not statute-barred.

Court Disposition

Claim not struck out; limitation defence rejected.

Orders

  • Claim proceeds to trial on merits.
  • Strike out application dismissed.