Hatton v Messrs Chafes (a firm)

Hatton v Messrs Chafes (a firm)

The respondent's cause of action in negligence accrued before 13 October 1994 when his claim against the accountants became worthless due to inordinate and inexcusable delay, making the action time barred under section 2 of the Limitation Act 1980. Section 14A does not save the claim as the respondent had the requisite knowledge to bring the action by October or November 1995, more than three years before the action was commenced.

Parties
Claimant/respondent: Anthony Arthur Hatton; Defendants/appellants: Messrs Chafes (A Firm)
Jurisdiction
England and Wales
Judgment Date
13 March 2003
Procedural Posture
Civil Appeal / Appeal From Manchester County Court Decision on Limitation and Strike Out Application
Outcome
Appeal allowed; action dismissed as time barred
Legal Topics
Limitation Periods for Negligence, Strike Out for Want of Prosecution, Solicitors' Duties, Section 14 a Limitation Act 1980
Limitation Law Professional Negligence Civil Procedure Limitation Periods for Negligence Strike Out for Want of Prosecution Solicitors' Duties Section 14 a Limitation Act 1980

Case Brief

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Parties

Anthony Arthur Hatton

Claimant/respondent

Messrs Chafes (A Firm)

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Manchester County Court Decision on Limitation and Strike Out Application

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 in negligence accrued for limitation purposes
  3. 3 Whether section 14A of the Limitation Act 1980 saves the claim

Ratio Decidendi

The respondent's cause of action in negligence accrued before 13 October 1994 when his claim against the accountants became worthless due to inordinate and inexcusable delay, making the action time barred under section 2 of the Limitation Act 1980. Section 14A does not save the claim as the respondent had the requisite knowledge to bring the action by October or November 1995, more than three years before the action was commenced.

Court Disposition

Appeal allowed; action dismissed as time barred

Orders

  • The defendant's appeal is allowed and the claimant's action is dismissed.
  • The sum of £3,000 paid into court by the defendant, with accrued interest, to be paid out to the defendant's solicitors.