Limitation
This is a complex area and it is critical for claims to be brought within the time limits permitted by
the law. In general terms, an innocent party has 6 years from the date of breach of the contract on
the part of the solicitor to start Court proceedings. In a negligence claim, the primary limitation
period starts to run from the date that the client first suffered loss as a result of the solicitorsÂ’
negligence.
If a solicitor continues to act for the client after the breach, it is arguable that the limitation period
does not start to run until the retainer has come to an end. The same considerations would apply if
the solicitor conceals from his client that he has made a mistake. In addition, if the six year period
has expired and the client was unaware that the solicitor had been negligent, he may be able to rely
on the Latent Damage Act 1986. This would give him a further three year period from the date of
knowledge to bring a claim.
It is important to take advice as soon as you believe that your solicitor has been negligent. If the
claim is brought outside the time limits, then this amounts to a complete defence to the claim and
the negligence claim will be dismissed with costs. In addition, bringing claims many years later
could mean that vital evidence could be lost.