The defendant firm of solicitors acted for the plaintiffs when they purchased land. The registered title showed that part of the land which appear to be within their curtilage, was registered to the neighbours. A writ was issued to claim damages for professional negligence, but was delayed pending the outcome of a claim for the possession of the land. After losing that claim, their claim against the solicitors was struck out for the delay. They appealed that striking out. They denied the delay was unreasonable, and that the defendants had been prejudiced by the delay. In this case the delay was so substantial (ten years), that prejudice to the defendant’s ability to put their case was to be assumed.
Citations:
[1997] EWCA Civ 1146
Jurisdiction:
England and Wales
Professional Negligence, Litigation Practice
Updated: 05 November 2022; Ref: scu.141542