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ARTICLE · 01 JUNE 2021

When Does Time Start To Run For Limitation In Tort Where A Transaction Has Gone Wrong?

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The Court of Appeal (CA) decision in Elliott v Hattens Solicitors [2021] has been handed down.

United KingdomReal Estate and Construction

The Court of Appeal (CA) decision in Elliott v Hattens Solicitors [2021] has been handed down. This dispute relates to a negligence claim against a firm of solicitors and whether or not the claim was time-barred by the time that proceedings were commenced.

In this article, we review the judgment and analyse the key points.

Background

  1. In 2011, Kelly Elliott (KE) instructed Hattens in a transaction relating to a workshop in Grays, Essex owned by her husband. The plan was that Mr Elliott would grant a lease to KE and in turn, she would grant an underlease of the premises to Mr Jamie Malster. It was intended that Mr Malster's parents would guarantee Mr Malster's obligations under the underlease.

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