Creggy v Barnett [2014] EWHC Civ 1004



WTLR Issue: Spring 2018 #171

CREGGY

V

BARNETT

PETER BARNETT

Analysis

In 1998 the appellant solicitor transferred $1.2m without his clients’ knowledge and authority and in breach of fiduciary duty to the respondents. Proceedings were issued 
in 2012. The appellant argued the claim was statute-barred pursuant to s21(3) Limitation 
Act 1980. The respondents relied upon a letter written by the appellant in 2006 as 
constituting an acknowledgement of the claim for the purposes of s29(5) of the Act, which provides:


Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Civil Procedure Act 1833, s.5
  • Limitation Act 1623
  • Limitation Act 1939, ss.19, 23(4)
  • Limitation Act 1980, ss.1(2), 29(5)(a)
  • Real Property Limitation Act 1833
  • Real Property Limitation Act 1874
  • Statute of Frauds Amendment Act 1828, s.1
  • Trustee Act 1888, s.8(1)
  • Trustee Act 1925, s.68(17)