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Hamilton Ross
Solicitors and notaries
Serving Clients in Lanarkshire for over 15 Years.

Negligence And Time Limits in Personal Injury Cases

A worker who sought damages from his ex-employers after being injured in an accident at work is now suing his former solicitors for loss caused to him over their failure to raise an action in time.

The pursuer suffered an accident at work on 9 April 2009 and instructed the defenders to raise an action for damages, but they failed to do so by 9 April 2012, thereby missing the triennium. Shortly afterwards, the pursuer instructed a new firm to pursue a claim against his former solicitors.

In a written opinion, Lady Stacey said: “As a matter of pleading, the defender has stated that the insurer for the former employers made an extra judicial statement that he would not take a plea of time bar. He then proceeded to take that plea.

“It seems to me that counsel for the pursuer is correct to argue that the pleadings state that the statement was made by the insurer at an early stage of the action. The pleadings only state that it was an extra judicial statement of intention and do not offer to prove that which is required, which it was either unilateral promise or a waiver of the insurer’s clients’ rights.

“The difficulty for the defenders is that they have averred all that they can aver about the statement that was made by Mr Hotson: he indicated at an early stage, extra judicially, that his client, that is the firm he insured, would not take the plea of time bar. He then changed his mind and the plea was taken.

“The authorities show that in those circumstances he was entitled to act as he did. There are no averments that support a plea that the right to take that plea was waived.”

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