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Birmingham Midshires Building Society v Wretham and others

Language: English Series: Estates Gazette ; [1999] 07 EG, 138-143(6)Publication details: 1999Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS60228 (Browse shelf(Opens below)) 1 Available 91554-1001

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.