Source: All England Reporter
Publisher Citation: [2002] All ER (D) 205 (Jan)
Court: Court of Appeal
Judge:

Aldous, Robert Walker and Arden LJJ

Representation Brian Hurst (instructed by Thomas Eggar Church Adams, Worthing) for the claimants.
  Sue Carr (instructed by Blake Lapthorn, Fareham) for the first to sixth defendants.
  Paul Parker (instructed by Henmans, Oxford) for F.
Judgment Dates: 24 January 2002

Catchwords

Limitation of action - Concealment of right of action by fraud - Fraud - Conveyancing executive acting for claimants and third party in conveyancing transaction - Transaction containing fraudulent elements - Whether claimant could with reasonable diligence have discovered all relevant facts prior to expiration of limitation period - s 32(1).

The Case

In an action based on fraud arising out of a conveyancing transaction which had not been filed within the relevant limitation period, the claimants were held not to have discharged the burden under s32(1) of the of showing that they could not have discovered the fraud without exceptional measures which they could not reasonably have been expected to take.

Practice Areas

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