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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having difficulty in finding out exactly when the clock

Resolved Question:

hi alex

i am having difficulty in finding out exactly when the clock starts ticking with respect to time limits for bringing a claim under 14A i.e. when does the 3 year limit start and end?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The clock starts from the date you first had knowledge or reasonably expected to have knowledge.
Does that clarify?
Alex
Customer: replied 2 years ago.

i receive an email on say july 15 2010 alerting me a fact that may give rise to a negligence claim (the original period of six years has already passed) what is the deadline for bringing a claim under 14A i.e. the last date when i can deposit my claim form with the court?

Expert:  Ash replied 2 years ago.
3 years from date of knowledge, so probably 14th July 2013.
Alex
Customer: replied 2 years ago.

hi alex

you say probably!! doesn't the clock start ticking from the day after july 15?

Expert:  Ash replied 2 years ago.
No. You knew on July 15th 2010.
It starts ticking from then.
Alex
Customer: replied 2 years ago.

hi yes i understand that but when does the 3 years expire?

Expert:  Ash replied 2 years ago.
3 years after. So if you knew on 15 July 2010 limitation expires on 14th July 2013.
Alex
Customer: replied 2 years ago.

you sent me this link last year - http://www.addleshawgoddard.com/view.asp?content_id=4598&parent_id=4593

for calculating the dates, is it wrong? where can i find within the 1980 act how to calculate the dates, or anywhere else?

Expert:  Ash replied 2 years ago.
Yes I have seen that. But this is not contract, you are claiming negligence.
Alex
Customer: replied 2 years ago.

so when the act says i have 3 years from the date of knowledge where does it state that i have to start proceedings one day before that date? sorry for harping on but why is contract limitation different to a negligence claim in the eyes of limitation?

Expert:  Ash replied 2 years ago.
It is because its 3 years for neglgence and the day starts ON the day of knowledge. So if it was 15/7/10 then the date of 15/7/13 would be 3 years and one day.
Alex
Customer: replied 2 years ago.

do you know of any case law where a claim is thrown out for being statute barred by a day as you have indicated above i.e. issuing on 15 july which should have been on july 14? cheers

Expert:  Ash replied 2 years ago.
Yes there are. Many cases, it can be 1 second past midnight and you are stuck.
Alex
Customer: replied 2 years ago.

sorry to be a pain but can you send me any links where claims have been struck out (professional negligence claims against solicitors) because they are late by the smallest of margins.

many thanks

Expert:  Ash replied 2 years ago.
Sadly I cant search cases for you. But if you go to:
http://www.bailii.org/
You can saerch here for free.
Alex
Customer: replied 2 years ago.

tried bailii but i can't find any case law that fits!

Expert:  Ash replied 2 years ago.
Sadly then you can only try subscription based such as:
1) Lexis Libruary
2) Lawtel
3) Westlaw
4) Practical Law.
I am sorry.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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