If you think your solicitor, or maybe a different professional adviser has missed dates in relation to your court case, we can help.
One of the most common types of solicitor negligence is missed limitation dates. A limitation date refers to the amount of time an individual has to start a legal claim, from the date they suffered loss or harm.
It is the solicitor’s responsibility to ensure they serve the claim to court in time. Every law firm should have strict measures in place to ensure that all the claims they are running are done so with the time limit in mind. However, good practice processes such as these are not always put in place, or adhered to.
The 1980 Limitation Act sets the time limits applicable to each type of legal claim, including making a claim for compensation.
Although on some rare occasions the court will extend time limits, as a general rule of thumb, civil claims must be served within six years, while personal injury claims should be made within three years from the date of the injury or the diagnosis of the injury, or up to the age of 21 years old for matters involving children.
Professional negligence and solicitor negligence fall under civil claims, meaning firms of solicitors will have to serve these types of claims within six years. An exception is three years from when you knew of the claim.
The Limitation Act 1980 sets the time limit applicable to each type of legal claim, including making a claim for compensation:
In terms of civil claims such as breach of contract or negligence, there is an exception to the six year rule. If the exception applies, these claims can be brought within three years of the date of reasonable knowledge, subject to a fifteen year-long stop rule.
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
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In general you have six years from the date of neglect or omission to act to make a professional negligence compensation claim. However, there are some exceptions to this rule for instance you may bring a claim within 3 years of the date you could be said to have become reasonably aware of the alleged negligence. This time limit is referred to a limitation period.
It is important to speak to a legal team as early as possible to avoid any issues with limitation dates.
