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Supporting you when your solicitor has missed a limitation date

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missed limitation dates frequently asked questions

If the limitation date is missed, it is very unlikely that your claim will be able to continue. In most scenarios where limitation dates are missed, the claim will be struck out by the court with no option for any further proceedings.
Not usually, no. If this occurs however, any claimant whose claim is now void as a result of a missed limitation date is perfectly eligible to start a new claim; a professional negligence claim against the solicitor or adviser who missed the date. For example, if a claim cannot be brought or is struck out due to limitation reasons, a potential negligence claim could follow against the adviser who missed the date that is based on the lost chance to bring the original claim, and what that might have realised
It is the duty of your adviser to ensure proper advice is given on time limits to bring a claim, and in turn if a claim is to be made it is submitted to the court in time. Examples may include:
  • Your claim has not been issued at court in time, meaning you cannot advance your case
  • A deadline was set by the Court within proceedings that have been brought but not complied with leading to strike out
  • A claim was issued but not served properly
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