Failing to issue or serve a valid Claim Solicitors Professional Negligence Claims
If you have suffered a loss through negligent litigation services, when the proceedings have not been able to start, or have been struck out, due to procedural errors in issuing and serving the papers, it can be particularly worrying. It can seem that everything and everybody is conspiring against you. When things go badly wrong it can be very traumatic and stressful and it can seem very difficult and daunting to obtain legal redress for your loss, particularly when your Solicitor is the one to have caused you the loss.
It is sometimes difficult to come to terms with what has happened if you discover that your case can no longer proceed due to the fact there has been a procedural error in the filing or service of some Court papers. The draconian effect on your case often appears unwarranted when, but for the relevant Procedure Rules, you would have been able to rectify the error, without any apparent hardship to the other side. It may also be difficult to comprehend how the Solicitor you entrusted with the case has ended up making a procedural error. All we can say is that some Rules are deemed so important that failure to comply can result in the total loss of your case, but your Solicitor knows this and ought to be able to avoid it from happening. If a mistake occurs in compliance with the procedural rules it is usually quite clear that the Solicitor was in breach of duty and you should be able to establish negligence, if the error leads to the loss of your case. In 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.
Although there are several different types of case where the claim could be lost as a result of your Solicitor failing to issue or serve a valid claim the most usual types include:
| Issued at Court out of time, outside a Limitation period | Application out of time for bringing an Employment Claim |
| The claim could be issued outside an extension of time agreed to bring a case to Court | Issued after an agreed extension of time but where the extension is not legally valid |
| Failure to give notice on time to the Motor insurance Bureau or to an Insurer under the Road Traffic Act | Issued against the wrong Defendant and can not be corrected or is not corrected in time |
| Issued properly but not served in time | Issued against an individual when it should be a company or vice versa |
| Served in accordance with an extension of time given by the Court and extension of time later set aside and the case struck out when out of time | Served at the Defendant’s last known address, but no further action taken when information appears to suggest the Defendant is no longer there and service is set aside and the case struck out when out of time |
| Served at the wrong address or by the wrong method | Served on the Defendant’s Insurers which is not good service unless directed by the Court |
| Served on the Defendant’s Solicitor which is not valid unless their address has been given for service | Served on the Defendant’s correct address but deemed invalid because the Defendant had given notice that their Solicitors would accept service |
| Issued on time and served but struck out because the incorrect papers or content were included by the Solicitor and this was either fatal or not corrected soon enough or at all | Issued against an individual or company where the individual is Bankrupt or the company has been wound up or struck off and nothing is done in time to obtain the necessary orders and consents to validate the proceedings |
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 important when the subject matter of the claim is Litigation services. When a Litigation claim, defence or dispute goes wrong 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 not only was there no negligence, but also even if there was, 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 this type of claim having successfully pursued very many claims against Solicitors in respect of negligent Litigation Services. We can also draw on our extensive experience of dealing with Litigation Services.
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.
Costs Involved
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.
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Call us on 0800 043 9981 or dial 0333 577 0172 if calling from a mobile.
or contact us via email on enquiry@matthewwilkinson.co.uk 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.
