Missed Limitation dates and Time Limits Solicitors Professional Negligence Claims
If you have suffered the trauma of being involved in a civil claim or dispute and your Solicitor has negligently lost your claim or defence or damaged it as a result of their negligence in missing a Limitation date or Time Limit you will not only have suffered a loss but will rightly feel badly let down.
It is important to realise in these circumstances that not all Solicitors are the same and that if you had a good enough claim or defence which was lost or damaged by a negligent Solicitor you should be able to recover the compensation you deserve, through a professional negligence claim against the Solicitor.
One of the most obvious and unfortunately frequent types of Solicitors Negligence case is that involving a missed Limitation date or Time Limit.
In Employment Cases there are usually strict time limits of 3 or 6 months within which to bring a claim at the Tribunal with only limited discretion to allow late claims to proceed. There are also time limits for the Respondent to file their response and for both parties to take other steps in the case. Failure to comply with these time limits can lead to the loss of your case or at least serious damage to you or your case.
In Civil Law nearly every form of action has a Limitation date which is fixed by statute. In some equitable cases or cases not mentioned in the statute, Limitation dates are allocated by the Courts, by reference to a similar date in the statute, “by way of analogy”. In other equitable cases there is no set date, but an equitable doctrine of Laches applies, which means that the Court can say that a case in out of time if the claim has been delayed too long. The complexity does not stop there because we first have to work out when the time starts to run, with a different starting date applying in Contract cases, to those in Negligence, where it depends on working out when the first significant loss occurred in your case. There are also exceptions to the Limitation dates and possible extensions of time, or time not running and there can be additional Limitation dates set according to dates of knowledge, with certain provisions applying to Personal Injury cases and other rules affecting other cases in Negligence, but not Contract.
In Civil Litigation the conduct of your case has to be pursued in accordance with the Civil Procedure Rules and the Orders and Directions issued by the Courts. In other types of proceedings including Family proceedings or Probate, other Procedural Rules will apply with time limits set by the Rules or by Orders or Directions issued by the Courts. If your Solicitor fails to comply with the time limits set in the Rules or by the Courts for your case, this can cause you a loss, either by your Case or Defence being struck out or damaged or an Order for costs being made against you.
The interpretation of the Law on Limitation of actions can lead to some missed time limits but other mistakes happen when a Solicitor fails to diarise the relevant date.
In the case of missed Limitation dates and dates for starting proceedings the result is usually the same with the loss of the claim and a substantial loss to the Client, who can no longer pursue the claim against the original Defendant. In the case of other missed time limits the results can include the loss of a Claim or Defence or the inability to argue your case or with the correct evidence, thus damaging your case, Alternatively you may be subject to an Adverse Costs Order, which you would not have had to pay, but for your Solicitors negligence. A Claim can also be struck out for inordinate delays by your Solicitor and a Defendant can be debarred from Defending if their Solicitor has caused them to fail to comply with the Procedural Rules, Directions or Court Orders.
The types of negligence in this area are varied but the main areas of negligence in missed Limitation dates and Time Limits include:
|Failing to advise as to the correct time limit or Limitation date||Failing to file Proceedings or a Response, Pleading or other Document at the Tribunal, Court or other Adjudicator on time|
|Failing to issue Court or Tribunal proceedings on time||Failing to comply with a time limit set by the Rules|
|Failing to serve Proceedings or a Response, Pleading or other document on the other side on time||Failing to comply with a time limit set by the relevant Court or Tribunal|
|Failing to comply with an Order or Direction on time||Failing to file or serve Statements on time|
|Failing to comply with an Unless Order or Direction on time||Failing to file or serve an Expert Report on time|
|Failing to prepare, file and serve Trial Bundles on time||Failure to apply for Judicial Review on time|
|Failing to apply for Rectification on time||Failing to apply for an Injunction on time|
|Failing to apply under the Inheritance (Provision for Family and Dependants) Act 1975 on time||Failing to apply for a freezing injunction or a Section 37 injunction (avoiding or setting aside dispositions) on time|
|Failing to apply for an equitable remedy on time||Failing to lodge an appeal on time|
|Failing to obtain an Injunction, Wardship Order, Prohibited Steps Order, or take other urgent necessary steps to protect or retain a Child on time||Failing to advise in time about the negligence of a previous Solicitor|
In all of these circumstances we are confident that we can help you obtain proper redress and compensation for your loss in a professional negligence claim against your Solicitor.
As these claims are often complex it is important to choose a Solicitor with sufficient knowhow and experience in similar negligence claims against Solicitors to ensure that you receive the right help and guidance and to achieve the best outcome for your case.
Why Us ?
Firstly, we have dealt with these cases successfully before and know what we are doing. Secondly, in addition to our specialist knowledge and experience we always adopt a personal, friendly and caring approach and are committed to helping people like you. We always put your interests first in trying to achieve the best outcome for you.
It is important to use an experienced team when it comes to making any sort of claim against a Solicitor or other legal professional because these cases are often complex and difficult and the Solicitors and Lawyers’ Insurers will use many legal arguments to challenge your claim. This is particularly the case when the subject matter of the claim is a previous Litigation claim, defence or dispute. When a Litigation claim, defence or dispute claim is lost or damaged by missed Limitation dates or Time Limits there are often difficult aspects to the case, which led the Solicitor to make a mistake. This gives the Solicitors’ Insurers the opportunity to argue that it was not their fault, but also even if there was negligence, your claim or defence would not have succeeded or you would not have obtained the outcome, which you say, was lost by the Solicitor.
Our team specialises in professional negligence claims against Solicitors and other lawyers, which means that whatever type of claim you need to make we can help. All of our current professional negligence cases are against Solicitors and other lawyers.
We have over 25 years experience in pursuing Solicitors negligence claims from all around England and Wales you can feel sure that our team of legal experts can help you get the compensation you deserve.
We have specific experience of pursuing very many successful claims against Solicitors where the Solicitor has lost the Litigation claim or defence or damaged it as a result of their negligence.
In addition to the expertise of our Solicitors we are able to rely upon the additional expertise of specialist Counsel and other experts appropriate for your case, from our contacts built up over many years. We have a lot of experience in complex cases, which means that whether your claim involves Solicitors, Barristers or other legal professionals your claim will be in safe hands.
When it comes to getting the legal advice and support you need we understand the cost is the last thing you want to worry about! We offer everyone a free assessment over the telephone or via email and will even give you advice there and then if we can! Moving on from that if your claim is good enough we’ll give you no win no fee funding – so you only pay solicitor fees if you make a successful claim and most of your costs can be recovered from the losing party!
What Next ?
With most legal matters It is better to take action sooner rather than later. We know that contacting a Solicitor can create anxiety itself, which is why you can contact us without obligation.
or contact us via email on firstname.lastname@example.org we’ll have a no obligation chat with you about what you need and what you hope to achieve. We’ll happily answer any questions or queries you have and give you advice on how to progress your matter.
You can be sure if you contact us that whatever you ask us to do for you will be handled professionally and efficiently, so you can get the best outcome possible without any of the hassle.