Have you affected by the negligence of a litigation solicitor or barrister? At CAP LAW, we specialise in recovering losses caused by litigation negligence.
You can speak to solicitor now on 0121 270 5654. The confidential discussion is free and entirely without obligation. When the office is not open you can email us at enquiries@cap-law.co.uk
Lawyers are liable to clients if their conduct of litigation falls below the standard to be expected of a solicitor of ordinary or reasonable competence.
Litigation negligence is a term used to describe the negligent handling of a claim or dispute by a lawyer, for example by failing to issue proceedings in time.
Litigation is the process by which legal actions are resolved. Traditionally, litigation was always associated with court proceedings. However, in recent times, more and more claims are being settled without court proceedings being issued, following the introduction of ‘pre-action protocols’ into court rules.
Lawyers are liable for negligence not just in the conduct of court proceedings, but also for mistakes made in cases where there were no proceedings.
The most common types of litigation are:
Civil Litigation
- Personal injury claims
- Medical (clinical) negligence claims
- Divorce and family disputes
- Employment claims
- Inheritance disputes
- Property disputes
Commercial Litigation
- Company management and ownership disputes (eg shareholder unfair prejudice claims)
- Partnership disputes
- Property disputes
- Contract disputes (eg with suppliers, purchasers, customers)
- Construction disputes
- Intellectual property, technology and telecommunications disputes
- Business sale or purchase disputes (eg breach of warranty claims)
- Debt recovery
Litigation Negligence – Common Mistakes
Regardless of the nature of the litigation, whether it is a personal injury claim or a building dispute, the legal rules and procedures governing each are similar, if not the same. For example, most claims have to be brought within a fixed period of time (the ‘limitation period’) otherwise they become time barred.
The most common mistakes made by negligent litigation lawyers are:
- Missed time limits and deadlines, such as:
- Not issuing or serving court proceedings within the limitation period
- Not complying with a deadline or timetable set by a court order or court rules, which can lead to a claim or defence being struck out, or a costs order being made against you
- Delay
- Settling a claim for too little / less than its was worth (under settlement)
- In the case of defendants, resolving a claim for too much / more than its value (over settlement)
- Mistakes that increase costs, such as:
- Issuing against the wrong defendant
- Not advising sooner that a claim or defence is weak / hopeless and should be settled
- Failure to advise or explain (eg risks)
- Failure to obtain evidence
- Poor case preparation
- Below standard advocacy performance in court
To find out how we may be able to help you, call 0121 270 5654. When the office is not open you can email us at enquiries@cap-law.co.uk
For more information about CAP LAW, and what sets us apart from other law firms, click here.
We act for businesses and individuals throughout all of England and Wales, from London, Bristol and Cardiff in the South, to Birmingham and Nottingham in the Midlands, and Manchester, Liverpool, Leeds, Sheffield and Newcastle in the North.
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