Aug 16, 2011
Here is a case which was recently decided in the High Court.
Mr and Mrs Adams had a leaky home. They had the home fixed and then did nothing for some years. Several years after fixing the home they decided to bring a claim against potentially liable parties.
Luckily for Mr and Mrs Adams the High Court on appeal from the Weathertight Homes Tribunal ruled that they had a claim notwithstanding that over 6 years previously they had decided not to pursue the matter. Keane J decided that the claim was eligible because there was nothing to say that it wasn’t in the relevant legislation. This is a fortunate case where a lack of activity on their claim probably saved the Adams and gave them the right to bring their claim. However this will not always be the case and the lesson here is clearly that where you feel you might have a claim get in touch with your lawyer at an early stage to avoid disappointment.