Cases - Byrne v Hall Pain & Foster

Record details

Name

Byrne v Hall Pain & Foster

Date

[1999]

Citation

1 EGLR 73

Legislation

Limitation Act 1980

Keywords

Negligence in valuations and surveys

Summary

The purchasers of a flat brought an action for negligence in respect of a mortgage valuation, commissioned by the lenders, on which they had relied in deciding to buy. Proceedings were commenced more than 6 years after the claimants had exchanged contracts to purchase, but less than 6 years after the purchase was completed. The Court of Appeal held that the date on which the purchasers suffered loss, and triggered the start of the basic limitation period, was the date on which they exchanged contracts to purchase, since it was then that the purchasers were legally committed to pay more for the flat than it was truly worth. Their claim was therefore statute-barred.