Green v Eadie & Ors [2011] EWHC B24 (Ch) (18 November 2011)

Green v Eadie & Ors [2011] EWHC B24 (Ch) (18 November 2011)

The court held that all causes of action accrued at the point Mrs Green entered into the contract for the purchase of the property, as this was when she became committed to a flawed transaction and suffered more than trivial loss. Claims under Section 2(1) of the Misrepresentation Act 1967 are subject to a six-year limitation period as they are founded on tort. The breach of contract by KBC occurred at or before exchange of contracts, and any continuing duty did not give rise to a new cause of action. As proceedings were issued more than six years after exchange, all claims are statute barred.

Citation
[2011] EWHC B24 (Ch)
Parties
Claimant: Nicole Michelle Green; First and Second Defendant: Sheila Agnes Eadie; Third Defendant: Khilkoff-Boulding & Co
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Civil / Trial of Preliminary Issue on Limitation
Outcome
All claims statute barred; preliminary issue decided for Defendants.
Legal Topics
Misrepresentation, Negligent Misstatement, Limitation of Actions, Professional Negligence, Breach of Contract
Property Law Tort Law Contract Law Professional Negligence Misrepresentation Negligent Misstatement Limitation of Actions Breach of Contract

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Parties

Nicole Michelle Green

Claimant

Sheila Agnes Eadie

First and Second Defendant

Khilkoff-Boulding & Co

Third Defendant

Procedural Posture

Civil / Trial of Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the claims against the Defendants are statute barred under the Limitation Act 1980
  2. 2 Whether a claim under Section 2(1) of the Misrepresentation Act 1967 is subject to a six-year or twelve-year limitation period
  3. 3 When the cause of action accrued for the purposes of limitation in claims for misrepresentation, negligence, and breach of contract

Ratio Decidendi

The court held that all causes of action accrued at the point Mrs Green entered into the contract for the purchase of the property, as this was when she became committed to a flawed transaction and suffered more than trivial loss. Claims under Section 2(1) of the Misrepresentation Act 1967 are subject to a six-year limitation period as they are founded on tort. The breach of contract by KBC occurred at or before exchange of contracts, and any continuing duty did not give rise to a new cause of action. As proceedings were issued more than six years after exchange, all claims are statute barred.

Court Disposition

All claims statute barred; preliminary issue decided for Defendants.

Orders

  • Claims against all Defendants dismissed as statute barred.