Maharaj and another v Johnson and others

Limitation of action – Accrual of cause of action. The judge struck out the appellants' negligence proceedings against the respondent partners in a solicitors' firm as time-bared and the Court of Appeal of the Republic of Trinidad and Tobago dismissed the appellants' appeal. The appellants appealed. The Privy Council, in dismissing the appeal, held that, given the date that the appellants had suffered actual damage, their action in tort was time-barred. It further refused permission to amend their statement of case to plead a claim in contract, as the proposed claim was factitious.

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