Bentleys Stokes & Loweless v Eagle Major Ltd

Bentleys Stokes & Loweless v Eagle Major Ltd

The Deputy Master was correct to refuse to strike out the claim or grant summary judgment as the issues of negligence, breach of contract, and limitation are not sufficiently clear to deprive the Claimant of a trial; there are factual disputes requiring oral evidence and investigation at trial.

Parties
Defendant/appellant: Bentleys Stokes & Loweless; Claimant/respondent: Eagle Major Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Civil Appeal / Appeal From Deputy Master's Decision on Strike Out/summary Judgment Application
Outcome
Defendants' appeal dismissed
Legal Topics
Solicitor's Negligence, Limitation Periods, Leasehold Rent Review, Summary Judgment, Strike Out Applications
Professional Negligence Contract Law Landlord and Tenant Solicitor's Negligence Limitation Periods Leasehold Rent Review Summary Judgment Strike Out Applications

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Parties

Bentleys Stokes & Loweless

Defendant/appellant

Eagle Major Limited

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From Deputy Master's Decision on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether the claim in negligence and/or breach of contract has a real prospect of success
  2. 2 Whether the claim is time-barred under the Limitation Act 1980
  3. 3 Whether the secondary limitation period under section 14A Limitation Act 1980 applies

Ratio Decidendi

The Deputy Master was correct to refuse to strike out the claim or grant summary judgment as the issues of negligence, breach of contract, and limitation are not sufficiently clear to deprive the Claimant of a trial; there are factual disputes requiring oral evidence and investigation at trial.

Court Disposition

Defendants' appeal dismissed

Orders

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