Anna Christie v Mary Ward Legal Centre & Anor

Anna Christie v Mary Ward Legal Centre & Anor

The claimant has a real prospect of defeating the limitation defence at trial because it is not clear on the evidence that real and attributable damage was suffered more than six years before proceedings were issued. The issues of when loss was suffered, causation, and the effect of costs orders are fact-sensitive and require determination at trial, not summary disposal.

Parties
Respondent/claimant: Anna Christie; First Defendant: Mary Ward Legal Centre; Appellant/second Defendant: Andrew Dymond
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Appeal Against Summary Dismissal/strike Out Application on Limitation Grounds
Outcome
Appeal dismissed
Legal Topics
Limitation Period in Tort, Professional Negligence by Barrister, Accrual of Cause of Action, Economic Loss, Summary Judgment/strike Out
Professional Negligence Limitation Law Limitation Period in Tort Professional Negligence by Barrister Accrual of Cause of Action Economic Loss Summary Judgment/strike Out

Case Brief

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Parties

Anna Christie

Respondent/claimant

Mary Ward Legal Centre

First Defendant

Andrew Dymond

Appellant/second Defendant

Procedural Posture

Appeal / Appeal Against Summary Dismissal/strike Out Application on Limitation Grounds

Legal Issues

  1. 1 When did the claimant suffer real and attributable damage for limitation purposes in a professional negligence claim against a barrister?
  2. 2 Did the claim become time-barred before proceedings were issued?
  3. 3 Were any heads of loss suffered outside the limitation period?

Ratio Decidendi

The claimant has a real prospect of defeating the limitation defence at trial because it is not clear on the evidence that real and attributable damage was suffered more than six years before proceedings were issued. The issues of when loss was suffered, causation, and the effect of costs orders are fact-sensitive and require determination at trial, not summary disposal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the limitation issue will proceed to trial.