Accident victim’s negligence action against solicitor not time-barred

Claim proceeded at 'extremely leisurely pace' and wrong defendant named

11 Jun 2013

An accident victim was not out of time to sue her solicitor for negligence, the Court of Appeal has ruled.

The court heard that Susan Berney's car was hit from behind as she slowed down at a roundabout, injuring her neck and back, in April 1999.

She instructed Thomas Saul & Co, based in Manchester, the following month, to act for her on a conditional fee basis, and they notified the other driver's solicitors, DWF, in June.

However, Lady Justice Gloster said the claim "proceeded at extremely leisurely pace" and it was not until April 2002, "after further prompting from DWF", that a claim form was issued.

"The claim form, however, named the wrong defendant, Mr Liddell, the owner...

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