With the economy as it is now, all sorts of problems which were not obvious in better times are starting to become evident and in some cases the quality of advice received years earlier is becoming subject to question.
“If you are concerned about advice you have been given, make sure you act promptly: the time limits for bringing an action are strict,” says <<CONTACT DETAILS>>.
A recent case in the commercial court illustrates the point. It dealt with the question of whether or not a claim for negligence was ‘out of time’. The normal time limit for bringing a claim is six years after the loss is suffered. The claimant argued that it had suffered the loss several years after receiving the allegedly negligent advice and that the time limit for making a claim ran from when the loss was crystallised. The defendant firm argued that the time limit must run from the time that the potential for loss was first discovered.
The defendant won – thereby avoiding a £20 million payout in compensation.
The moral of the story is that if you have relied on advice given which was negligent, you should consider bringing a claim as soon as you can see that a loss may occur: leaving it until the loss becomes actual, as opposed to latent, may cost you your right to claim.
Partner Note
Axa Insurance Limited v Akther & Darby Solicitors & Others [2009] EWHC 635 (Comm).