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Solicitors'
negligence claim defeated on limitation grounds. The cause of action
accrued when the agreement was executed, not when loss was subsequently
suffered.
The appellant
was formerly the drummer of the band Oasis. Mr Statham of the defendant
firm acted for all members of the band at the time they entered into
a recording contract with Sony in 1993. It was argued that Mr Statham
acted negligently in allowing the agreement to favour the Gallagher
brothers to the detriment of the other band members. He allegedly failed
to highlight that a conflict of interest had arisen between the band
members or that the appellant was left vulnerable to instant dismissal
without compensation.
The appeal
was dismissed on limitation grounds. The appellant suffered damage when
the agreement was executed and so the cause of action accrued more than
six years before the issue of proceedings. There was no deliberate concealment.
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