Time barred personal injury claim

Crazy_Jamie

Spiderham wrote: »

What they've done is usual protocol for when they miss a deadline and is what he Solicitors Regulation Authority say they should do. Recommend the client instructs other solicitors to deal with the claim. If you are still able to bring the injury claim then you will get it heard that way, otherwise you will have to claim against the solicitors who were negligent and missed the deadline (in turn their insurers will deal with the claim for them). I'd imagine your new solicitors would deal with this too, but check with them.

I'm not sure that's right. It's been a while since I looked at the SRA Code of Conduct, but I don't recall anything more specific than the standard conflict of interest point. It's not at all unusual for solicitors to miss deadlines for one reason or another; it doesn't automatically mean that they should effectively withdraw from the claim by advising the client to go elsewhere. If a solicitor actually misses something to the degree that it could jeopardise the whole claim, as may be the case here, then that obviously creates a potential conflict and it is right that the client is advised to go elsewhere. But until the limitation point is run it cannot be definitively determined that the negligence has cost the client the chance of succeeding in the case.

In many ways this is something of a moot point, as we both agree that the limitation point should be run first. I also entirely see why the client may wish to instruct a new firm at this stage to run the limitation point given the inevitable loss of faith in their current solicitors. I'm just curious as to where it states that a solicitor who misses deadline must recommend that the client instructs new solicitors.

On a side note, the line from the letter stating that the outcome was awaited of test cases suggests that an argument relating to s.33 may have some merit; if the Defendant is already involved in litigation with others in identical circumstances, there would be some difficulty in arguing that it would be prejudiced if the OP in this case was to be granted such relief.

k66yla

My union have now nominated another panel of solicitors. Just been on the phone to the union HQ stating a month after them sending me the letter to let me know this I still have'nt heard for the new firm. Bit of a hold up with the old solicitors sending the files through I was led to believe.
I will contact the new solicitors at some point this week and find out whats going on as I can't bear the thought of this dragging on for years........again.

k66yla

Quick update.....finally heard from the new panel of solicitors in June, signed all contracts....heard nothing since. Getting a bit demoralised with it all now.

k66yla

FINAL UPDATE
I have now received payment, thank you to all that offered advice & support.