Brocklesby v Armitage & Guest
Series: Estates Gazette ; [2001] 14 EG 150-154(5)Publication details: 2001Subject(s): Summary: CA 9 July 1999. The appellant (B) was appealing aginst a decision of Leeds District Registry which had disallowed proceedings against the respondent (A) for negligence. B had acquired a property from a company with the aid of a mortgage. A few months later due to B's illness it was agreed that the company would repurchase the property. The defendants solicitor was instructed to act for both parties but failed to produce B's release from the mortgage. B brought proceedings against A for failing to secure the release. The proceedings were disallowed because B had insufficient particulars but B appealed. Held that B had given sufficient particulars in his reply. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS63900 (Browse shelf(Opens below)) | 1 | Available | 112430-1001 |
CA 9 July 1999. The appellant (B) was appealing aginst a decision of Leeds District Registry which had disallowed proceedings against the respondent (A) for negligence. B had acquired a property from a company with the aid of a mortgage. A few months later due to B's illness it was agreed that the company would repurchase the property. The defendants solicitor was instructed to act for both parties but failed to produce B's release from the mortgage. B brought proceedings against A for failing to secure the release. The proceedings were disallowed because B had insufficient particulars but B appealed. Held that B had given sufficient particulars in his reply. Appeal allowed.