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Chandra & Anor v Brooke North & Anor [2013] EWHC 417 (QB) - 08/03/13


The Claimants retained a firm of solicitors to advise them as to a property redevelopment between 1998 and 2003. The project overran and incurred significant additional costs. The bank appointed receivers over the Claimant's hotel company's assets and then enforced personal guarantees against the Claimants. In 2009 the Claimants issued proceedings against the solicitors alleging negligence concerning advice received in respect of the agreements entered into for the purposes of the property redevelopment. On 15 November 2011 they obtained permission to amend their particulars to add new claims concerning breach of duty in relation to a deed of warranty entered into by the bank and the building contractor. That permission was given without a hearing. The firm of solicitors applied to set aside the decision. The amended claims did not arise out of the same or similar facts to the original claims because the nature and scope of the breaches was so radically different. Although more than six years had passed, the relevant date of knowledge for the purposes of s. 14A of the Limitation Act 1980 arose within 3 years of the application.