When bringing a legal case, there is no doubt that the details included are of vital importance – however, it should also be noted that, a lot of time, any mistakes made are fixable.
Facts
The facts in this case from earlier this year are that, one party was trying to bring claims of professional negligence against their previous firm of solicitors, however they brought it against the wrong person. They were of the understanding that BPB Pitmans LLP were the direct successors to Pitmans LLP – unfortunately, this was not the case and by the time they realised their error, the limitation period had expired, according to the Limitation Act 2008. This is the point where they are no longer allowed to bring a claim past a set timeframe. BDP Pitmans LLP even tried to challenge it with excerpts from the Limitation Act in its favour, an example being:
“The court will only permit a new claim involving a new party if it is necessary for the determination of the original action. “
Luckily for the Claimant, the Court remained on their side, as it was determined that the body of their claim did not change between the applications, only the name on the paper. It was therefore decided that the claim was brought within the necessary limitation, and could continue with the substituted name.
Top tips
Whilst this scenario worked out for this claim, it is always worth being vigilant regarding your claims, and in particular, you should:
- Consider your claim carefully before taking any steps – make sure you know who you are claiming against and what for, and try not to act in the heat of the moment;
- Don’t panic – in the above scenario, a claim nearly went vary awry, but keeping themselves calm, they managed to handle the situation and ultimately fix the issue; and
- Speak to us! We are friendly and approachable and have someone here to help with all your litigation needs – including meeting limitation deadlines and approaching parties correctly on your behalf.
