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Claim against solicitors statute-barred—Court of Appeal considers flawed transactions and contingent liabilities (Elliott v Hattens Solicitors)

Claim against solicitors statute-barred—Court of Appeal considers flawed transactions and contingent liabilities (Elliott v Hattens Solicitors)
Published on: 24 May 2021
Published by: Produced in partnership with Kate Richmond of 1COR
  • Claim against solicitors statute-barred—Court of Appeal considers flawed transactions and contingent liabilities (Elliott v Hattens Solicitors)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This appeal concerned whether Mrs Elliott’s claim was barred by the Limitation Act 1980 (LA 1980) and consideration of when damage was first sustained. The judge at first instance held that the claim was not statute-barred. The appeal was allowed, and in so finding the Court of Appeal has set out useful guidance on the differences between ‘no transaction’ cases, ‘flawed transaction’ cases and contingent liabilities in relation to negligence claims against solicitors. Written by Kate Richmond, barrister at 1 Crown Office Row, Brighton. or take a trial to read the full analysis.

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