Kitney v Jones Lang Wootton
Kitney v Jones Lang Wootton
- 1988
- Estates Gazette (8820) 21 May 1988, 88-92(3) .
QBD 18 December 1987. This case concerns whether for the purpose of Limitation Act 1980 s2 the cause of action arose prior to the period of six years before the issue of a writ for negligence . The present proceedings were concerned with the date when the cause of action arose. The allegation against the defendants (JLW) was that they were negligent in carrying out instructions given by the plaintiff (K) to ensure that repairs to property in which K had a leasehold interest were properly carried out. K met with difficulties when he endeavoured to exercise his options. A claim against the original landlords for damages for breach of covenant failed because it was found that the repairing covenant, performance of which was a condition precedent to the extension of the term of the lease, had not been complied with. K now sued JLW for damages representing the loss of this extension. It was agreed that the cause of action accrued when K suffered damage caused by the alleged negligence. Wa
SURVEYORS
QBD 18 December 1987. This case concerns whether for the purpose of Limitation Act 1980 s2 the cause of action arose prior to the period of six years before the issue of a writ for negligence . The present proceedings were concerned with the date when the cause of action arose. The allegation against the defendants (JLW) was that they were negligent in carrying out instructions given by the plaintiff (K) to ensure that repairs to property in which K had a leasehold interest were properly carried out. K met with difficulties when he endeavoured to exercise his options. A claim against the original landlords for damages for breach of covenant failed because it was found that the repairing covenant, performance of which was a condition precedent to the extension of the term of the lease, had not been complied with. K now sued JLW for damages representing the loss of this extension. It was agreed that the cause of action accrued when K suffered damage caused by the alleged negligence. Wa
SURVEYORS