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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6428
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have been working with a solicitor, on a no win, no fee

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I have been working with a solicitor, on a no win, no fee basis, to bring a claim against a tour operator for an injury that occurred on September 9th 2014. As such our claim had to be served within 3 years, which expired on September 9th 2017.After the defendant made no out of court offers, our solicitor said they "protectively issued court proceedings on 9th September 2017". This, they said, gave them 4 months to serve court proceedings to the defendant.Between Christmas and New Year, the solicitor sent me the particulars of the claim and schedule or loss. This was the first time I had received these documents. I was away and did not see this email until I returned after new year.On January 2nd, I received an email from the solicitor to say that my case was now time-barred and because I had failed to review and approve the claim particulars, I was now liable for the solicitor's costs and all disbursements.
The questions I have are as follows:1- Why would the case become time-barred on January 2nd and not January 9th (which is the calendar day 4 months after issue)? Does the solicitor need a week to serve or could they have received my approval as late as January 8th and prevented the case becoming time-barred?2- Is there any reasonable excuse for not providing me with the particulars of the claim and schedule of loss until 10 days before the deadline (i.e. 3.5 months after issuing), especially as these 10 days fell between Christmas and New Year? Our solicitor said they did not receive the particulars of the claim from the barrister until this late, but is it their responsibility to instruct the barrister sooner, or chase for a response so it's not so last minute?Many thanks.

Hello my name is ***** ***** I am happy to help you today.

1. It would be 4 calendar months as stated by the solicitor unless the solicitor has incorrectly informed you 4 months rather than 16 calendar weeks. You will need to clarify what the order actually states in order to correctly determine this. They do not need a week to serve proceedings although this might be their preference.

2. The only reasonable excuse would be that it is not in their possession. Again I would suggest you ask for evidence of this.

On a broader point I would , at this stage, notify the senior partner of the firm that you wish to put in a complaint about the way that your matter has been handled and ask for a copy of the file of papers relating to the matter. If you can show they have not dealt with it in a timely manner which has resulted in your claim being statute barred you may be able to bring a professional negligence claim against the firm.

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. With regards ***** ***** 2, they have said they only received the particulars the day before sending them to me. Does that mean they are beholden to the barrister to draft them and have no obligation to chase?In terms of contacting a senior partner, are we entitled to have s copy of all our case notes? To what extent does this go... should they send us emails between themselves and the barrister or defendant for example?Thank you.