Isle of Wight solicitors’ firm Robinson Jarvis & Rolf has failed to overturn a High Court ruling that paves the way for a negligence claim against it over a 1989 conveyancing transaction.
The firm had sought to persuade the Court of Appeal that, irrespective of the rights or wrongs of the case, the claimant, Martin Cave, had left it too late to bring his action. However, the court today rejected that argument and held that Cave was entitled to proceed with the claim.
The dispute arose after Cave retained the firm to prepare conveyancing documents for a sale of land near Fishbourne, Isle of Wight, to Hyde Securities Ltd in 1989. Cave wished to retain legally enforceable mooring rights over the land for a period of 100 years, but he claims that the solicitor failed to ensure that this happened.
Although Cave did not issue a writ until January 1998, the High Court accepted his argument that he was within the six-year time limit laid down by the Limitation Act 1980 because he had not become aware of the problem until February 1994, when Hydes receivers, Grant Thornton, denied the existence of his right to moor.
On appeal against that ruling, counsel for Robinson, Nicholas Davidson QC, argued that the High Court judge had reached his decision on the basis of an earlier case that was “manifestly wrong” and should be overturned.
Rejecting that argument, however, the appeal judges ruled that they were bound by the earlier case and that the damages action could proceed. Potter LJ said that, although the court could decline to follow a previous decision if satisfied that it was “manifestly wrong”, he did not consider that this was true of the decision in question.
Cave v Robinson Jarvis & Rolf Court of Appeal (Potter, Sedley and Jonathan Parker LJJ) 20 February 2001
Nicholas Davidson QC and David Drake (instructed by Beachcroft Wansbroughs, of Bristol) appeared for the appellant; Patrick Lawrence (instructed by Roach Pittis, of Newport) appeared for the respondent.
PLS News 20/2/01
