Watkins v Jones Maidment Wilson (a firm) [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 134, 4 March 2008. Considers the point at which a period of time began to elapse under the Limitation Act 1980. The appellants (W) obtained advice from the defendant firm of solicitors (J) in respect of a building agreement. A clause in the agreement allowed them to terminate at a given date and pay for works undertaken if they were unhappy with progress. W issued proceedings against J more than six years after the advice was given, and the judge ruled on the preliminary issue that the action was statute-barred. W appealed, arguing that the six-year limitation period should begin from the date at which the agreement entered into on J's advice failed to be beneficial, rather than the date upon which entry into it was made. "Held": As a result of J's advice, W's chances of negotiating an agreement had decreased. This was a measurable loss of value. However the loss of value occurred when the agreement was entered into. It still had a value before the date on which the option could be taken. Therefore the limitation period began upon the point at which the value was realised. It was not necessary to consider other preliminary issues. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143449-1001 |
[2008] EWCA Civ 134, 4 March 2008. Considers the point at which a period of time began to elapse under the Limitation Act 1980. The appellants (W) obtained advice from the defendant firm of solicitors (J) in respect of a building agreement. A clause in the agreement allowed them to terminate at a given date and pay for works undertaken if they were unhappy with progress. W issued proceedings against J more than six years after the advice was given, and the judge ruled on the preliminary issue that the action was statute-barred. W appealed, arguing that the six-year limitation period should begin from the date at which the agreement entered into on J's advice failed to be beneficial, rather than the date upon which entry into it was made. "Held": As a result of J's advice, W's chances of negotiating an agreement had decreased. This was a measurable loss of value. However the loss of value occurred when the agreement was entered into. It still had a value before the date on which the option could be taken. Therefore the limitation period began upon the point at which the value was realised. It was not necessary to consider other preliminary issues. Appeal dismissed.