Hamlin and Another v Edwin Evans (A Firm)
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1996 |
| Date | 04 July 1996 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Neill, Lord Justice Simon Brown and Lord Justice Waite
Hamlin and Another
and
Edwin Evans (a Firm)
Limitation of actions - negligence - single cause of action from survey
Single cause of action in negligent survey
Where the tort complained of was negligence by error or omission in a survey, there could only be one cause of action which accrued when damage was suffered. It made no difference whether the damage was multiple or single and whether, in the case of the former, it came to light at varying points of time with varying degrees of gravity.
The Court of Appeal so held in a reserved judgment in dismissing an appeal brought by the plaintiffs, John Stephen Hamlin and Teresa Helen Hamlin from the decision of Mr Justice Maurice Kay on February 16, 1995 that their negligence claim against the surveyors, Edwin Evans, on whose report they had relied at the time of the purchase of their home, was statute barred under section 14A of the Limitation Act 1980, as inserted by the Latent Damage Act 1986.
Mr Jonathan Lurie for the...
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18 cases
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Prosperland Pte Ltd v Civic Construction Pte Ltd and Others
...1 AC 518 (refd) Dunlop v Lambert (1839) 6 Cl & F 600; 7 ER 824 (refd) Halford v Brookes [1991] 1 WLR 428 (folld) Hamlin v Edwin Evans [1996] 2 EGLR 106 (folld) Heathcote v David Marks & Co [1996] 3 EG 128 (refd) Higgins v Hatch & Fielding [1996] 1 EGLR 133 (folld) Letang v Cooper [1965] 1 Q......
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Riad Tawfiq AL Sadik v Clyde & Company LLP
...damage in respect of which damages are claimed”, on the basis that there is a single cause of action for negligence. In Hamlin v Edwin Evans (A Firm) [1996] P.N.L.R. 398, the complaint was about the pre-purchase survey carried out by the defendant. Shortly after completion, it was discovere......
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Shore v Sedgwick Financial Services Ltd
...that damage is discovered. This is so even though other more serious damage is sustained and discovered at a later date: see Hamlin v Edwin Evans [1996] PNLR 398 and Oakes v Hopcroft [2000] Lloyds Rep BN 946 at 948. 233 (d) The present case: By 15 December 1999 Mr. Shore knew that there had......
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Shore v Sedgwick Financial Services Ltd
... ... in First National Commercial Bank Plc v Humberts (a firm) [1995] 2 All ER 673 , a decision referred to with ... or evidential reason to select one date rather than another for the purposes of conducting the comparison. The judge ... ...
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1 books & journal articles
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Litigation
...Sackar J; Owners – Strata Plan No. 70030 v Decon Australia Pty Ltd [2016] NSWSC 19 at [16], per McDougall J. 1381 Hamlin v Edwin Evans [1996] PNLR 398; Stock v London Underground Ltd [1999] EWCA Civ 2058; Honeywood v Munnings [2006] NSWCA 215 at [14]–[15], per Handley JA; Winnote Pty Ltd v ......