When a legal action is struck out by a court for some procedural error or a failure to comply with a limitation date the blame invariably falls on the losing party’s solicitor.
We are regularly consulted by people who have been the victim of a court decision that has effectively scuppered their legal claim.
Experienced litigation lawyers know that court procedures have to be followed to the letter and are aware of the perils of leaving things to the last minute, when the risk of falling foul of a limitation technicality is at its highest. It is therefore good practice for cases to be conducted with this in mind.
However, the best laid plans and intentions often go awry and when they do, predatory lawyers lie in wait, eager to leap on the slightest procedural error in the hope that an otherwise meritorious claim can be defeated on a technicality.
If a claim is struck out by the court the claimant should seek independent advice from a lawyer specialising in solicitors negligence claims.
Where the fault lies with the solicitor and their negligence has led to the claim being lost then the client will be entitled to bring a claim against the negligent solicitor for compensation for their losses.
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