Polley v Warner Goodman & Streat (a firm)
The appellant's cause of action accrued when the time for service of the summons expired on 24 September 1993, as there was no good reason for not serving in time and any extension would have been set aside; thus, the claim was time-barred when commenced in 2000.
- Parties
- Appellant/claimant: Michael Charles Polley; Respondents/defendants: Warner Goodman & Streat (A Firm)
- Jurisdiction
- England and Wales
- Judgment Date
- 30 June 2003
- Procedural Posture
- Civil Appeal / Appeal From Portsmouth County Court on Preliminary Issue of Limitation
- Outcome
- Appeal dismissed
- Legal Topics
- Solicitors' Negligence, Limitation Period Accrual, Loss and Damage in Tort, Extension of Time for Service
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Charles Polley
Appellant/claimant
Warner Goodman & Streat (A Firm)
Respondents/defendants
Procedural Posture
Civil Appeal / Appeal From Portsmouth County Court on Preliminary Issue of Limitation
Legal Issues
- 1 When does a cause of action for solicitors' negligence accrue for limitation purposes?
- 2 Did the appellant suffer actionable damage before 14 April 1994?
- 3 Was there good reason for not serving the summons within the prescribed period?
Ratio Decidendi
The appellant's cause of action accrued when the time for service of the summons expired on 24 September 1993, as there was no good reason for not serving in time and any extension would have been set aside; thus, the claim was time-barred when commenced in 2000.
Court Disposition
Appeal dismissed
Orders
- Time extended for respondents' notice
- Appeal dismissed with costs, not to be enforced without the permission of the court
Full Case Text
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