Delay by solicitor

A delay by a solicitor which put a claim outside the limitation period cannot be visited on the instructing claimant.

In the case, a claimant promptly instructed solicitors for a personal injury case within the three-year limit. The delay was entirely attributable to inattention by the solicitors. The claimant himself had done all that was required of him. Under such circumstances, the court should exercise its discretion to extend the time limit.

Corbin v Penfold Metallising Co Ltd. CA. The Times 2 May 2000

[2000.5/6]