Nouri v Marvi & Ors

Nouri v Marvi & Ors

The cause of action in negligence accrued on 2nd April 2001 when the forged transfer was released, causing an immediate diminution in the value of Nouri's property. The claim is statute barred as limitation expired before proceedings were commenced.

Parties
Appellant: Amir Nouri; Respondent: Ali Marvi & Ors
Jurisdiction
England and Wales
Judgment Date
14 October 2010
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division, Preliminary Issue on Limitation
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Negligence by Solicitors, Fraudulent Conveyancing, Loss and Damage Accrual, Duty of Care
Tort Law Property Law Professional Negligence Limitation of Actions Negligence by Solicitors Fraudulent Conveyancing Loss and Damage Accrual Duty of Care

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Amir Nouri

Appellant

Ali Marvi & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division, Preliminary Issue on Limitation

Legal Issues

  1. 1 When does actual damage accrue for limitation purposes in tort claims against solicitors?
  2. 2 Does the release of a forged transfer constitute immediate loss or only contingent loss?
  3. 3 Is there a continuing duty of care owed by solicitors post-completion in conveyancing fraud cases?

Ratio Decidendi

The cause of action in negligence accrued on 2nd April 2001 when the forged transfer was released, causing an immediate diminution in the value of Nouri's property. The claim is statute barred as limitation expired before proceedings were commenced.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.