Hatton v Messrs Chafes (a firm) [2003] EWCA Civ 341 (13 March 2003)

Hatton v Messrs Chafes (a firm) [2003] EWCA Civ 341 (13 March 2003)

The respondent's cause of action in negligence against his former solicitors accrued before 13 October 1994, when his underlying claim against the accountants became worthless due to inordinate and inexcusable delay, making any further prosecution of the claim impossible. As the action was commenced more than six years after that date, it is time barred. Section 14A does not assist the respondent because he had the requisite knowledge of the material facts and his right to bring an action by October/November 1995, more than three years before the action was commenced.

Citation
[2003] EWCA Civ 341
Parties
Claimant/respondent: Anthony Arthur Hatton; Defendants/appellants: Messrs Chafes (A Firm)
Jurisdiction
England and Wales
Judgment Date
13 March 2003
Procedural Posture
Appeal (civil) / Appeal From Manchester County Court Decision on Limitation/preliminary Issue
Outcome
Appeal allowed; cross-appeal dismissed; action declared time barred and dismissed.
Legal Topics
Limitation Periods, Solicitors' Negligence, Loss of Chance, Section 14 a Limitation Act 1980, Striking Out for Want of Prosecution
Professional Negligence Limitation Law Civil Procedure Limitation Periods Solicitors' Negligence Loss of Chance Section 14 a Limitation Act 1980 Striking Out for Want of Prosecution

Case Brief

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Parties

Anthony Arthur Hatton

Claimant/respondent

Messrs Chafes (A Firm)

Defendants/appellants

Procedural Posture

Appeal (civil) / Appeal From Manchester County Court Decision on Limitation/preliminary Issue

Legal Issues

  1. 1 Whether the respondent's claim against his former solicitors is time barred under the Limitation Act 1980
  2. 2 When the cause of action for solicitors' negligence accrued in the context of a lost litigation claim
  3. 3 Whether section 14A of the Limitation Act 1980 saves the claim from being time barred

Ratio Decidendi

The respondent's cause of action in negligence against his former solicitors accrued before 13 October 1994, when his underlying claim against the accountants became worthless due to inordinate and inexcusable delay, making any further prosecution of the claim impossible. As the action was commenced more than six years after that date, it is time barred. Section 14A does not assist the respondent because he had the requisite knowledge of the material facts and his right to bring an action by October/November 1995, more than three years before the action was commenced.

Court Disposition

Appeal allowed; cross-appeal dismissed; action declared time barred and dismissed.

Orders

  • The appeal is allowed.
  • The cross-appeal is dismissed.