Extending the Limitation Period – Date of Knowledge Argument
Problem: In Witcomb v J Keith Park Solicitors (a firm) & Anor [2021] EWHC 2038 (QB), the Court had to determine whether the claimant was outside of the limitation period to start a claim for negligence 7-years after the negligent act.
Outcome: The Court has given the claimant client permission to continue with the claim for professional negligence against his former solicitors.
Time limits to make a Professional Negligence Claim – General Rule
You typically have 6 years from the date the negligent error, mistake or bad service was provided to you by the professional (note: the time limit is 3 years for clinical negligence claims). If you do not bring a claim within the strict timescales, you may be time-barred from bringing a claim for losses suffered.
If, however, the negligent act was more than 6 years ago, but you have only recently discovered that the advice received was negligent, then the limitation period may be extended under Section 14 of the Limitation Act 1980 by 3 years from the date of you became aware of the negligent act knowledge. However, such claims are more complex and harder to prove.
It is important to pursue a professional negligence claim at the earliest opportunity as it increases the likelihood that your claim will be successful because (i) you will have retained all the documents and knowledge of the matters (rather than relying on memory; and (ii) the professional will still be trading or documents may have been lost or destroyed over time.
The Case
The claimant client commenced professional negligence proceedings against the defendant solicitors (his former legal representatives) who had represented him in a personal injury claim.
The claimant client suffered serious leg and foot injuries in a road traffic accident on 20 July 2002. He brought a claim against a third party who was at fault for the incident. At a settlement meeting on 16 December 2009, an agreement was reached for the third party to pay £150,000 in full and final settlement of the claimant client’s personal injury claim. The defendant solicitors represented him at the settlement meeting (and advised in respect of the settlement).
Unfortunately, the claimant client’s condition and health worsened due to the injuries sustained in the road traffic accident. On 19 January 2017, the claimant client was advised, for the first time, that the best treatment for him would be amputation of his right foot and leg below the knee. He underwent that operation on 24 July 2017.
The claimant client claimed that the defendant solicitors negligently caused him to enter a settlement which failed to make sufficient provision for the risk of future serious deterioration in his condition, including the possibility that he might have to undergo an amputation.
The claimant client alleged that the defendant solicitors failed to (i) obtain a medical report which would highlight the risk of amputation in future; and (ii) plead a claim for provisional damages.
The key issue was: whether the claimant client was outside of the 6-year limitation period?
The claimant client relied on Section 14 of the Limitation Act 1980 claiming that that he did not know that he faced amputation until 19 January 2017. Only then did he know that he was likely to have suffered damage (the under-settlement of his personal injury claim).
The Court agreed with the claimant client at the trial of the preliminary issue thereby allowing the claimant client to continue with his claim for professional negligence despite the negligent act taking place over 7 years ago.
Free Consultation with Expert Professional Negligence Lawyers
This case is a useful example of the Court interpreting the provisions under Section 14 of the Limitation Act 1980 to extend the limitation time periods. The Limitation Act 1980 sets out the deadlines by which you must bring a professional negligence claim. Your legal rights will become time-barred if you fail to take legal action promptly.
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Our unique approach to professional negligence claims means that we will:
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