Gosden & Anor v Halliwell Landau (a firm) & Anor

Gosden & Anor v Halliwell Landau (a firm) & Anor

The Court of Appeal held that the claimants would not have consented to the sale of the property had the restriction been registered, and thus the solicitors' negligence caused them loss. The claim was not statute-barred as the claimants acted reasonably in consulting solicitors and only acquired the necessary knowledge after 26 October 2013, allowing reliance on the extended limitation period under s.14A Limitation Act 1980.

Parties
Claimant/appellant: Christopher Hugh Gosden; Claimant/appellant: Jane Shirley Kaye; Defendant/respondent: Halliwell Landau; Defendant/respondent: Philip Laidlow
Jurisdiction
England and Wales
Judgment Date
29 January 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Solicitor's Duty of Care, Causation, Limitation Period, Loss of Chance, Trustee Consent, Inheritance Tax Mitigation
Professional Negligence Trusts and Estates Limitation of Actions Solicitor's Duty of Care Causation Limitation Period Loss of Chance Trustee Consent +1 more

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Parties

Christopher Hugh Gosden

Claimant/appellant

Jane Shirley Kaye

Claimant/appellant

Halliwell Landau

Defendant/respondent

Philip Laidlow

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether solicitors' negligence caused loss to claimants
  2. 2 Whether claim is statute-barred under Limitation Act 1980
  3. 3 Whether claimants would have consented to sale if restriction registered

Ratio Decidendi

The Court of Appeal held that the claimants would not have consented to the sale of the property had the restriction been registered, and thus the solicitors' negligence caused them loss. The claim was not statute-barred as the claimants acted reasonably in consulting solicitors and only acquired the necessary knowledge after 26 October 2013, allowing reliance on the extended limitation period under s.14A Limitation Act 1980.

Court Disposition

Appeal allowed

Orders

  • Application to amend grounds of appeal refused