Time Barred Claims 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 by rendering it Time Barred 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 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 for bringing a Claim.
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.
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.
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, because it is by then Time Barred. A Claim can also be struck out for inordinate delays by your Solicitor or for breaches of the Procedural Rules or Court Orders and Directions in your case and it would often not then be possible to start the case again because it would be Time Barred.
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.
Although there are several different types of case where the claim could be lost as a result of your Solicitor causing your case to be Time Barred the most usual types include:
| Failing to advise as to the correct time limit or Limitation date | Failing to file Proceedings/ Documents at the Tribunal, Court or other Adjudicator on time |
| Failing to issue Court or Tribunal proceedings on time | Causing your case to be Struck Out and become Time Barred |
| Failing to serve Proceedings on the other side 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 |
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, becomes Time Barred 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 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, including many claims where the original litigation became Time Barred as a result of the Solicitors’ 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.
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.
