DARLINGTON BUILDING SOCIETY ABBEY NATIONAL PLC v O’ROURKE JAMES SCOURFIELD & McCARTHY

[1999] Lloyd's Rep PN 33

COURT OF APPEAL

Before Lord Justice Nourse, Lord Justice Waller and Sir Iain Glidewell

Limitation - Application to amend after expiry of limitation period - Approach to be taken by the court - Whether amendment sought to add a new cause of action. Solicitors - Negligence - Retainer by borrower and lender - Solicitor retained by two lenders lending to the same borrower - Whether solicitor obliged to disclose to each lender material discovered in the course of the transaction in which the lender was not involved.