Preston v BBH solicitors

Preston v BBH solicitors

The limitation period did not begin to run until December 2005 when the claimant was first diagnosed with asbestosis, an actionable injury. Knowledge of pleural plaques in 2002 was insufficient to constitute knowledge of actionable injury. The solicitors were not negligent in failing to issue proceedings earlier.

Parties
Appellant: Peter Preston; Respondent: BBH Solicitors
Jurisdiction
England and Wales
Judgment Date
06 October 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Limitation Period, Date of Knowledge, Personal Injury, Asbestosis, Pleural Plaques, Professional Negligence
Tort Professional Negligence Limitation of Actions Limitation Period Date of Knowledge Personal Injury Asbestosis Pleural Plaques

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Parties

Peter Preston

Appellant

BBH Solicitors

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 When did the limitation period for a professional negligence claim against solicitors begin to run in the context of asbestos-related injury?
  2. 2 Did the claimant have the requisite knowledge of actionable injury before December 2005?

Ratio Decidendi

The limitation period did not begin to run until December 2005 when the claimant was first diagnosed with asbestosis, an actionable injury. Knowledge of pleural plaques in 2002 was insufficient to constitute knowledge of actionable injury. The solicitors were not negligent in failing to issue proceedings earlier.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent