Page & Anor v Hewetts Solicitors & Anor

Page & Anor v Hewetts Solicitors & Anor

If the claimants establish that the claim form was delivered in due time to the court office, accompanied by a request to issue and the appropriate fee, the action would not be statute barred. The court's procedural failures should not prejudice the claimant. Summary judgment was wrongly granted as there was a real prospect of evidence at trial supporting the claimants' case.

Parties
Appellant/claimant: Anthony John Page; Appellant/claimant: Terence Albert Page; Respondent/defendant: Hewetts Solicitors; Respondent/defendant: Christopher Robert Fuller
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal allowed in part
Legal Topics
Limitation Period, Fiduciary Duty, Breach of Trust, Summary Judgment, Account of Profits
Civil Procedure Professional Negligence Equity Limitation Period Fiduciary Duty Breach of Trust Summary Judgment Account of Profits

Case Brief

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Parties

Anthony John Page

Appellant/claimant

Terence Albert Page

Appellant/claimant

Hewetts Solicitors

Respondent/defendant

Christopher Robert Fuller

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the claim was statute barred under the Limitation Act 1980
  2. 2 When an action is 'brought' for limitation purposes
  3. 3 Whether summary judgment was appropriate given the evidential gaps

Ratio Decidendi

If the claimants establish that the claim form was delivered in due time to the court office, accompanied by a request to issue and the appropriate fee, the action would not be statute barred. The court's procedural failures should not prejudice the claimant. Summary judgment was wrongly granted as there was a real prospect of evidence at trial supporting the claimants' case.

Court Disposition

appeal allowed in part

Orders

  • Claim for undervalue struck out
  • Judge's order set aside