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St Anselm Development Co Ltd v Slaughter & May [2013] EWHC 125 (Ch) - 01/02/13


A judge had erred in summarily dismissing part of a property investment company's claim in negligence against its solicitors in respect of their advice regarding extensions of the leases of two flats under the Leasehold Reform, Housing and Urban Development Act 1993. Prior to the extension ground rent had been payable. This was not payable following the extension. The solicitors relied on limitation period on the basis that it had advised on one flat in 1999 (six years before the limitation period expired) and had not had to repeat that advice in respect of the other flat. The court held that the fact that it did not advise did not absolve it of its duty of care to advise on the second flat when the extension was sought two months later (and within 6 years of the commencement of proceedings). The company could not rely on the extended limitation period under the Limitation Act 1980 s. 14A on another aspect of its claim.