CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS
 

Missed Limitation
Professional Negligence
- Been Let Down?

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 filed with the court. For instance, in personal injury or medical negligence claims there is a statute of limitations of 36 months (three years) after the harm, injury, or loss having occurred in which the compensation claim must be instigated.

In professional negligence cases, such as Solicitor/Lawyer/Surveyor/Accountant negligence, the limit is usually six years. There are variations to the rules, and exceptions in very specific circumstances. A Solicitor specialising in professional or legal negligence will be able to properly advise you of these.

If a professional person or firm representing you failed to comply with specific time limitations, and this led to cost or loss on your part, then you may be entitled to claim compensation, as it may be deemed your professional advisor acted negligently.

Legal Professionals

Legal professionals are highly trained individuals in whom we place a great degree of trust in their 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 potentially serious failures that may result from a missed limitation date or time limits is extensive. Below are some instances which may give rise to claims for negligence due to missed limitation:

  • Failure to comply with the rules on time limits set out within the Limitation Act 1980
  • Failure to advise as to the correct time limit or limitation date
  • Failure to issue court or tribunal proceedings on time
  • Failure to comply with a time limit set by the relevant court or tribunal
  • Failure to file proceedings or a response, pleading or other document at the tribunal, court or other adjudicator on time
  • Failure to serve proceedings or a response, pleading or other document on the other side on time

 

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