Professional Negligence Claims: Examples of Solicitor Failures - Falling Foul of the Limitation Period

At Healys LLP, our Professional Negligence team, led by Robert Johnson, frequently advises clients on claims against solicitors arising from negligent legal services. The below cases illustrate how (1) solicitor failures can lead to significant financial and emotional consequences and (2) we can assist clients in seeking redress.

This article in our series looks at claims due to limitation period failures.

Falling Foul of the Limitation Period

The clients instructed a firm of solicitors to represent them in a professional negligence claim against their previous conveyancers. The 6 year limitation period (after which without more the claim cannot in law be pursued) was fast approaching so the firm sought to agree a standstill agreement with the conveyancers, giving more time to pursue the clients’ claim. An agreement was signed and the 6 years elapsed. However, the firm had failed to state correctly the conveyancer’s name on the agreement. Hence the conveyancer was not bound by the agreement and hence the professional negligence claim could not proceed as more than 6 years had by then elapsed. We therefore pursued the firm successfully for compensation for the client’s loss of opportunity to pursue the initial claim.

In a different case the client instructed a firm of solicitors to act for them in relation to a personal injury claim. The solicitors issued the claim against the wrong entity with this mistake remaining unidentified until the limitation period had passed. As a result the client’s claim was struck out by the Court.  

In this claim, the client instructed a firm of solicitors in relation to a professional negligence claim. The solicitors failed to identify the correct defendant resulting in the client entering into a standstill agreement with the incorrect defendant. The standstill agreement was, therefore, ineffective. The 6 year limitation period for a claim against the correct defendant lapsed before this was rectified and the client was prevented in law from pursuing a claim against the correct defendant.  We, therefore, successfully pursued the firm for compensation for the clients’ loss of opportunity to pursue the correct defendant.

In this claim, the client had instructed a firm of solicitors in relation to her employment claim against her former employer. The solicitors failed to ensure that the claim was lodged prior to the expiry of limitation and the claim was struck out. We, therefore, pursued the solicitors for the client’s loss of opportunity to receive compensation from her former employer in respect of her claim against it.

In this claim, the client instructed a firm of solicitors to represent her in a professional negligence claim in relation to her divorce. As primary limitation had already expired, they had sought to rely on S.14A Limitation Act 1980 which extends the limitation period based on date of knowledge. They subsequently entered into a standstill agreement but in breach of that agreement issued proceedings prior to its expiry.  Hence, the standstill agreement was ineffective and thus the claim was, therefore, lost for limitation. We successfully pursued the firm of solicitors for compensation for the clients’ loss of opportunity to pursue/succeed in her professional negligence claim against the solicitors who had dealt with her divorce.

Poor Conduct in Employment Claims

The client instructed an employment law firm to assist with claims against their previous employer for (1) direct race discrimination (2) direct disability discrimination (3) harassment and victimisation; and (4) constructive unfair dismissal. The firm’s advice and the manner in which they dealt with the claims caused the client’s claims to be flawed and hence dismissed at the employment tribunal.

Examples included the firm (1) failing to identify the correct name of the client’s employer; (2) failing to advise the client promptly that they had the wrong name; (3) providing inaccurate advice when the error was discovered; and (4) encouraging the client to take their time in correcting the error despite employment claims being subject to strict time limits. Hence the client lost the opportunity to pursue/succeed in these claims but which we successfully pursued as a negligence claim against the employment law firm.

If you would like legal advice on these (or any) areas of Professional Negligence or further information on any of the above, please contact Robert on 07899973306 or robert.johnson@healys.com

Healys Professional Negligence Services

Healys professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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