2007-07-03 05:21:46 · 6 answers · asked by Alexander J 2 in Politics & Government ➔ Law & Ethics
The limitation period in professional negligence claimsis six years from either:
(i) The date of the negligent act or breach of contract (the period is the same for both);
(ii) the date when you knew of the breach or could, with 'reasonable diligence' (legal phrase used in the Act) have discovered the negligence/breach, or;
(iii) if concealed (by the negligent solictor), the date upon which you became aware of the negligent act.
It is the latest of either the above.
It's all in the Limitation Act 1980.
2007-07-03 08:58:24 · answer #1 · answered by JZD 7 · 0⤊ 0⤋
Most situations like this have a limit of 6 years.
If you intend taking such action notify them as soon as possible and then the clock stops at that point. If you have a real problem with a solicitor then you should first report them to the Law Society who will then take up the case and if they find the solicitor to have been negligent you can then sue for the damages caused to you.
2007-07-03 12:32:30 · answer #2 · answered by ANF 7 · 0⤊ 0⤋
You have six years from the date he did something wrong, but IF you couldn't reasonably have known about it during the six years then you get a three year extension from when you should have known. This can't however take you over 15 years.
Clear as mud?
Well, say a solicitor did your conveyancing and didn't realise that you didn't have a right of way over your drive, and you found out within a week of moving in, then you'd have six years to sue him. If you only found out eight years later, you'd then have another three years to sue him. If you found out twenty years later, it's tough luck.
The key thing about limitation periods is that courts have NO jurisdiction to extend them - miss the date and it's bad luck.
There are lots of solicitors out there willing to sue other solicitors by the way! There's no honour amongst thieves!
2007-07-03 15:56:40 · answer #3 · answered by Joe 5 · 0⤊ 0⤋
Depends upon the jurisdiction. Most US States will have enacted Statutes of Limitation ranging from 2 - 5 years. It will also depend upon whether you intend to sue in tort or in contract.
2007-07-03 12:26:02 · answer #4 · answered by chicagolawyer 2 · 0⤊ 0⤋
trouble is - can you find a solicitor to sue a solicitor
2007-07-03 12:25:30 · answer #5 · answered by ffordcash 5 · 0⤊ 0⤋
Probarbly about six years, but why not report him to the Law Society first ?
2007-07-03 12:25:15 · answer #6 · answered by Scouse 7 · 0⤊ 0⤋