000 01625cab a2200277 4500
001 ABS60228
008 090401t1999 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u91554
041 _aeng
245 _aBirmingham Midshires Building Society v Wretham and others
260 _c1999
350 _a0
490 _aEstates Gazette
_v[1999] 07 EG, 138-143(6)
520 _aTechnology 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.
650 _aBREACH OF TRUST
650 _aCONVEYANCING
650 _aFIDUCIARY DUTY
650 _aLIMITATION ACT 1980
650 _aLIMITATION
650 _aNEGLIGENCE
650 _aSOLICITORS
650 _aTORT
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c24/02/1999
999 _c58128
_d58128