Professional negligence

Court deadlines – if you file a defence late you can still avoid judgment being entered in default

Professional negligence claims against solicitors often involve missed Court deadlines. The courts used to be fairly sympathetic to litigants who could give good reasons for any lapse, but a significant change took place in 2014. Alongside new costs rules the Courts suddenly became much more rigid in their requirement for the Court’s Rules to be complied with.

When to issue and serve a claim form and what to do if your solicitor misses the deadline

Claims for breach of contract must be made within 6 years of the breach. A claim form must be served within four months of issue. Any reasonably competent solicitor ought to make sure these deadlines are met, but there are pitfalls. They can lead to disputes over the conduct of the litigation, a fiendish outcome for the client.
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