Birmingham Midshires Building Society v Wretham and others
Birmingham Midshires Building Society v Wretham and others
- 1999
- Estates Gazette [1999] 07 EG, 138-143(6) .
Technology and Construction Court, 30 November 1998. In 1990 the third defendant solicitors acted for W and B in the purchase and mortgage of a house. W defaulted and B sold the house at a loss. B claimed against the solicitors for negligence and breach of trust because B had not been informed that W had bought the house in equal part with another, and now intended to buy out the co-owner. B relied on Limitation Act 1980 s14A for their case,as they did not have knowledge of the facts until Sept. 1995. The solicitors had failed to inform B of a demolition order on the house, however, B had knowledge in April 1991 of facts giving rise to an action in tort, therefore could not rely on s14A. "Held", B succeeded in their claim for negligence, but failed in the claim for tort. Knowledge of the demolition notice was disregarded for the purposes of s14A, but the claim by B for breach of trust was accepted.
BREACH OF TRUST
CONVEYANCING
FIDUCIARY DUTY
LIMITATION ACT 1980
LIMITATION
NEGLIGENCE
SOLICITORS
TORT
Technology and Construction Court, 30 November 1998. In 1990 the third defendant solicitors acted for W and B in the purchase and mortgage of a house. W defaulted and B sold the house at a loss. B claimed against the solicitors for negligence and breach of trust because B had not been informed that W had bought the house in equal part with another, and now intended to buy out the co-owner. B relied on Limitation Act 1980 s14A for their case,as they did not have knowledge of the facts until Sept. 1995. The solicitors had failed to inform B of a demolition order on the house, however, B had knowledge in April 1991 of facts giving rise to an action in tort, therefore could not rely on s14A. "Held", B succeeded in their claim for negligence, but failed in the claim for tort. Knowledge of the demolition notice was disregarded for the purposes of s14A, but the claim by B for breach of trust was accepted.
BREACH OF TRUST
CONVEYANCING
FIDUCIARY DUTY
LIMITATION ACT 1980
LIMITATION
NEGLIGENCE
SOLICITORS
TORT