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England and Wales decisions
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Christie v Mary Ward Legal Centre & Anor [2023] EWHC 1994 (KB) (31 July 2023)
The High Court dismissed an appeal on limitation in a professional negligence claim, holding that the alleged damage and causation issues were fact-sensitive and should go to trial.
The Court of Appeal held that a negligence claim against solicitors was time-barred because actionable damage arose when the client lost the chance to adduce valuation evidence, before judgment.
Pegasus Management Holdings SCA & Anor v Ernst & Young (A Firm) & Anor [2010] EWCA Civ 181 (12 March 2010)
Court of Appeal held that negligence claims about tax planning advice were time-barred because actual damage occurred when the wrong corporate structure was adopted.
Daniels v Thompson [2004] EWCA Civ 307 (18 March 2004)
Court of Appeal held a solicitor negligence claim about inheritance tax planning was time-barred because any loss, if suffered, arose when the ineffective transfer was made.
Knapp & Anor v Ecclesiastical Insurance Group Plc & Anor [1997] EWCA Civ 2616 (30th October, 1997)
The cause of action in tort for professional negligence against the insurance broker accrued at the time the Plaintiffs received a voidable insurance policy in April 1990, as this constituted actionable damage. The fact that the Plaintiffs were unaware of the defect or that the insurer had not yet avoided the policy did not postpone accrual. The claim was therefore time-barred under the Limitation Act 1980.
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