Lane v Cullens Solicitors
| Jurisdiction | England & Wales |
| Judgment Date | 11 May 2011 |
| Neutral Citation | [2011] EWCA Civ 547 |
| Date | 11 May 2011 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Ward, Lord Justice Lloyd and Mr Justice Lewison
The limitation period in a negligence action, brought by a personal representative who had distributed sums out of an estate notwithstanding a notified third-party claim, commenced on the date of the alteration in the legal position on payment out.
The Court of Appeal (Lord Justice Ward, Lord Justice Lloyd and Mr Justice Lewison) so stated, inter alia, on May 11, 2011, when dismissing the appeal of the claimant, John Lane, from the dismissal by Judge Mackie, QCUNK ([2010] EWHC 2066 (Comm)), as time-barred, of his professional negligence claim against the defendants, Cullens Solicitors, Bowling & Co LLP and Bowling and Co (Solicitors) LLP.
LORD JUSTICE LLOYD said, as to the vested or contingent nature of the third-party claim, that a constructive trust claim could have been brought, which was not contingent since it depended on facts which had occurred by the time of the deceased's death.
Moreover, Lord Romer's words, in Guardian Trust and Executors Co of New Zealand Ltd v Public Trustee of New...
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