Professional Negligence Claim is struck out for delay

Jan Samuel

A recently decided case has highlighted the importance of progressing litigation as quickly as possible, and not letting long periods of time go by where there is no action.

Solland International Limited brought a professional negligence claim against their solicitors, Clifford Harris and Co. The claimant filed certain documents very late and generally did not progress their claim against their previous solicitors. The court was not prepared to tolerate the delays, and the claim was struck out.  

This case demonstrates yet again, the importance of complying with directions given by the court, whether you are bringing the claim yourself, or whether a solicitor is acting for you. 

There have been numerous cases recently where the courts have demonstrated a much less tolerant approach to people acting for themselves, also known as litigants in person. The courts are now far less likely to tolerate parties saying that because they are not represented they do not have a full understanding of the rules, as an excuse for missing deadlines or causing delays. 

Unfortunately, even if you have a solicitor acting for you, there is still a chance that your case could be struck out, if mistakes are made such as any case where a solicitor missed a court deadline. In these circumstances, all is not lost as you would be able to claim against your solicitor for the losses you suffered as a result of their error. 

Samuels Solicitors are based in North Devon and we are experts in bringing a wide range of commercial claims for our clients, including our specialism of professional negligence claims. 

We appreciate that it can be difficult to fund a claim, particularly where you have already suffered losses, which is why we have a range of options to assist clients with obtaining access to justice. 

If you are struggling with a case on your own, if you want to bring a claim but think you cannot afford to do so,  or if you are having problems with your case because your solicitor has caused delayes, contact us today for a free initial discussion about how we can assist. 

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