Two bites of the apple- limitation in professional negligence cases
We acted for our client in a claim against their former solicitors for failing to issue a claim in time. The underlying transaction related to advice on a commercial contract of significant value to our client and its business and when issuing proceedings (shortly before limitation was due to expire) the solicitors incorrectly issued the claim against the wrong corporate entity which resulted in the claim being issued out of time.
As the breach of duty was clear in this claim the main difficulty was quantifying the value of the loss which involved consideration of the “loss of chance” of bringing the claim and the value of the claim (had it not been issued out of time) to our client. Applying our expertise in dealing with loss of chance claims, we were able to achieve, at an early stage, an excellent outcome for our client.
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