Lee and another v Thompson
Lee and another v Thompson
- 1989
- Estates Gazette (1989) 40 EG 89-91(2) .
CA 9 March 1989. (T) was a solicitor who retired from practice in 1977. In 1975 he had acted for the plaintiffs (L) in connection with the purchase of the freehold of the house in which they lived. The cost of the freehold was £350 which L gave to T to effect the purchase. In May 1984 L discovered that they had not secured the freehold. They issued a writ in 1986 when the freehold was worth £4,000 claiming damages of £5,000. T claimed that any pleas against him was statute-barred due to time elapsed since the incident. The court held this to be true in the claim of breach of contract, the breach having occurred before 1980 but the claim in tort was considered not time barred. CA overturned this decision, the action did not lie in both contract and tort but only contract. Appeal allowed.
NEGLIGENCE
CA 9 March 1989. (T) was a solicitor who retired from practice in 1977. In 1975 he had acted for the plaintiffs (L) in connection with the purchase of the freehold of the house in which they lived. The cost of the freehold was £350 which L gave to T to effect the purchase. In May 1984 L discovered that they had not secured the freehold. They issued a writ in 1986 when the freehold was worth £4,000 claiming damages of £5,000. T claimed that any pleas against him was statute-barred due to time elapsed since the incident. The court held this to be true in the claim of breach of contract, the breach having occurred before 1980 but the claim in tort was considered not time barred. CA overturned this decision, the action did not lie in both contract and tort but only contract. Appeal allowed.
NEGLIGENCE