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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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At the time it was even agreed between the solicitors that

Customer Question

hi at the time it was even agreed between the solicitors that a restriction would be used to protect the overage i.e. questions and answers on the preliminary enquiries.
hi joshua
i will now look at putting the papers together for counsels advice.
you mentioned above maybe the buyer could hold on for 10 years before he applies for pp, would that be a defence for the solicitors?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Thank you. I see from the above that you may be a subscriber - is that correct?
Customer: replied 2 years ago.

hi joshua

correct, does that make any difference?

cheers

Expert:  Joshua replied 2 years ago.
No not at all. From what I understand you can ask unlimited questions or something like that as a subscriber. I just though it might be helpful to explain that we don't work for JA and we only get paid a share of the question value if you provide a rating. I just mention it because this isn't always made very plain to customers and you may be wondering why if you can ask unlimted questions (if thats right) I am mentioning payment. I hope the above clears up any head scratchin on your part.Anyway as above, I am more than happy to continue to help as long as you wish as long as you are happy to start a new question every so often.I hope that is OK?
Customer: replied 2 years ago.

hi joshua

i understand, i just tried asking this question as a new question but it wouldn't let me

hi at the time it was even agreed between the solicitors that a restriction would be used to protect the overage i.e. questions and answers on the preliminary enquiries.

hi joshua

i will now look at putting the papers together for counsels advice.

you mentioned above maybe the buyer could hold on for 10 years before he applies for pp, would that be a defence for the solicitors?


Expert:  Joshua replied 2 years ago.
The solicitor will no doubt attempt a defence that you have suffered no loss. It is the obvious defence to use but I cannot see that it would succeed because 1) you have suffered potential loss or loss of chance in their failing to protect and 2) by holding to that interpretation would fall foul of the Limitation Act and/or Latent Damages Act (15 year rule) effectively denying you a claim which is not equitable. Accordingly I cannot see that the above defence can succeed.
Customer: replied 2 years ago.

understood. judging by what you read would i get a solicitor to take this case on a cfa?

Expert:  Joshua replied 2 years ago.
Difficult to say on that front. In principle the negligence aspect appears straightforward enough but if you came to me with this I would be concerned about establishing the quantification of loss. As we have discussed it is difficult (not to claim as such but to quantify) and would almost certainly require specialist counsel opinion as I would feel (though I may be wrong) it would be outside of the general experience of the average commercial property litigator. It may be that counsel opinion would need to be sought and subject to that a CFA may be acceptable to a firm. If this was the case you may have to fork out for the opinion before a solicitor would consider a CFA but I am in the realms of speculation here.
Customer: replied 2 years ago.

the overage is a straightforward 50% (A-B) A = the consideration receivable for any disposal, B + the open market of the chargeable property is currently and will forever be used as a single dwelling house.

on my original plot it will house 10 plots and on the field next door a further 34 plots. the access road for the field has to come through my old plot.

Expert:  Joshua replied 2 years ago.
Did you have a question on your last post?
Customer: replied 2 years ago.

sorry joshua when you said this would or could be difficult due to quantification of loss were you referring to what i said in my last post or with respect to balance of probabilities i.e planning followed by would the overage bite?

Expert:  Joshua replied 2 years ago.
Oh no sorry quantification of loss in the case where the overage has not bitten - where the overage has bitten it should be straighforward enough but if you are claiming at a point where the overage has not bitten then it is more of a difficult exercise to quantify what your loss might be which is what we have discussed at length in previous posts.Would it be possible to trouble you to kindly provide a rating again. Happy to answer any limited further follow ups here but if you would likel to continue at further length could we start a new question to do so? I hope that is alright
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Customer: replied 2 years ago.

hi joshua

i have been researching my position above and studying your replies. is there any possibility that i may be outside limitation i.e. the clock started ticking when i knew that my overage was not protected by the overage?

Expert:  Joshua replied 2 years ago.
Hi
I think this goes all the way back to how we started which was in relation to limitation periods. The limitation periods which apply or either
a) six years from the date negligence actually took place or
b) within the earlier of 3 years of the date you became aware of the negligence or the date you reasonably could have been expected to have become aware subject to an overal limit of 15 years.
Customer: replied 2 years ago.

i think i am getting confused!! if i was aware of the negligence years ago does limitation apply if i have suffered no damage as of yet?