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United Kingdom
professional negligenceaccrual of cause of actioncontingent liability
Integral Memory PLC v Haines Watts
[2012] EWHC 342 (Ch)
Key Principle
Where a professional adviser's tax advice was correct when given but is rendered wrong by a subsequent change in the law, the failure thereafter to alert the client is, for limitation purposes, a continuing failure to remedy the existing breach rather than the commission of a fresh breach giving rise to a new cause of action; and a tax liability is not contingent on its determination by a tribunal or court.
Area of Law
General
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