Limitation
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Mortgage Corporation v Lambert
Mortgage advance made more than six years before issue of writ for negligent valuation – Limitation defence – Whether value of borrowers’ covenant sufficient to negate allegation that damage suffered…
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DNB Mortgages Ltd v Bullock & Lees (a firm)
Mortgagor in default – Mortgagee claiming damages for negligent valuation against respondent surveyor – Judge finding action statute-barred – Mortgagee appealing – Whether judge misdirected himself in determining when cause…
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Gold v Mincoff Science & Gold
Sections 2, 14A and 32 of Limitation Act 1980 – Claimant executing numerous mortgages during 1980s while acting as sleeping partner in property business operated by M – M obtaining…
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Fennon v Anthony Hodari & Co
Wife signing legal charge – Solicitor failing to advise wife as to effect of legal charge – Bank subsequently threatening to enforce charge – Wife commencing proceedings against solicitor for…
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Havenledge Ltd v Graeme John & Partners
Claimant alleging solicitor negligent for failing to advise – Claim relating only to effect of negligence upon claimant’s business – Whether cause of action arising more than six years before…
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Darlington Building Society and another v ORourke and another
Borrowers taking out loan from lender to purchase second property – Borrowers mortgaging first property to different lender – Solicitors acting for borrowers and both lenders – Lenders discovering borrowers’…
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Butigan v Negus-Fancey and others
Section 14A(4)(b) of Limitation Act 1980 – Claimant’s flat charged to secure indebtedness of N – N applying to bank in 1987 for additional £300,000 loan – Claimant taking advice…
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Tucker and others v Allen and others
Section 32 of Limitation Act 1980 – Solicitor faced with conflict of interest – Defendant solicitors acting in claimants’ purchase of paddock – Paddock unusable without access right over adjacent…
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Gordon v JB Wheatley & Co (firm) and another
Private mortgage scheme – Claimant ceasing to match borrowers and lenders and commencing pool – Claimant not advised to seek authorisation from Securities Investment Board – Proceedings issued against solicitors…
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Butigan v Negus-Fancey and others
Section 14A(4)(b) of Limitation Act 1980 – Claimant’s flat charged to secure indebtedness of N – N applying to bank in 1987 for additional £300,000 loan – Claimant taking advice…
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Birmingham Midshires Building Society v JD Wretham and others
Plaintiff not having requisite knowledge of breach of duty currently claimed until date within prescribed period before writ – Plaintiff having earlier knowledge of other matters constituting actionable breach and…
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PP 2002/45
Reeling from a judgment in favour of a squatter, it is not unknown for an embittered paper owner to talk of the Limitation Act 1980 in terms of legalised theft.