Missed Limitation Professional Negligence
In English law, under the Limitation Act 1980, there are statutory time limits during which various legal procedures (often involving claims for compensation) must be commenced. For instance, in personal injury or medical negligence claims there is a statute of limitations of 36 months (3 years) after the harm, injury or loss having occurred in which the compensation claim must be instigated. With professional negligence (such as solicitor/lawyer/surveyor/Accountant negligence for instance), the limit is usually 6 years. There are variations to the rules, and exceptions in a small number of cases involving very particular circumstances. A Solicitor specialising in professional or legal negligence will be able to properly advise you of these.
The time limitations vary somewhat according to different claims, however if a Professional person or firm representing you failed to comply with these time limitations, and this failure led to cost or loss on your part, then you may be entitled to claim compensation, as your professional advisor may have acted negligently.
Legal professionals are highly trained individuals in whom we place a huge degree of trust of professional competence. All Solicitors and Lawyers should be fully aware of the particulars of the Limitation Act 1980. Therefore failure to comply with these time limitations, or to advise you properly on such issues is a serious breach of the guidelines and code of conduct of the Solicitor’s Regulation Authority, (the governing body that oversees the professional conduct and levels of service offered by legal professionals).
The range of potential failures as regards missed limitation dates and time limits are extensive. Below are some instances which may give rise to claims for negligence in missed limitation:
- Failing to comply with the rules on time limits set out within the Limitation Act 1980
- Failing to advise as to the correct time limit or Limitation date
- Failing to issue Court or Tribunal proceedings on time
- Failing to comply with a time limit set by the relevant Court or Tribunal
- Failing to file Proceedings or a Response, Pleading or other Document at the Tribunal, Court or other Adjudicator on time
- Failing to serve Proceedings or a Response, Pleading or other document on the other side on time
- Failing to comply with an Order or Direction on time
- Failing to file or serve Statements 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 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 advise in time about the negligence of a previous Solicitor
- Failing to lodge an appeal on time