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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13955
Experience:  Senior Associate Solicitor
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More than 7 years ago i lost a case regarding rental

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More than 7 years ago i lost a case regarding rental payments fir a building wwhich hoysed a business and 3 flats. Case was lost because reveipts for rent
Were not submitted to court.
I was evicted. The judge asked me why i had not produced the recuipfs. I said i had given them to my barrister. The judge asked the barrister why he had not submitted tbe receipts. My barrister answered " i misplaced them"!!!
QUESTION: can i sue the barrister and/ or the law firm he represented for negligence or any other legal basis?
I was not advised of my rjght to sue my solicitor. Thankyou

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

You would normally have a claim for professional negligence against the barrister, yes. However the statute of limitations states that any claim of this nature must be issue at court within 6 years of the date of the negligence and you say that this happened more than 7 years ago. The court does have discretion to set aside the limitation period under S.33 of the Limitation Act 1980 but will only do so if you have a very good reason for the delay. You say you were not advised of your right to sue - the judge would not tell you this. You would need to make enquiries within the 6 years and you have done so too late in my view. I would be concerned the court would not think it a good enough reason but you can at lease try.

In any case a professional negligence claim would require a law firm on a no win no fee agreement as they are complex, and an application to set aside the time period would also need to be made. I would recommend you try a law firm, any of the following may be able to help:

  1. https://www.simpsonmillar.co.uk/professional-negligence-solicitors/
  2. https://www.beenletdown.co.uk/professional-negligence/solicitor/no-win-no-fee-professional-negligence/
  3. https://www.donoghue-solicitors.co.uk/professional-negligence/professional-negligence-no-win-no-fee/

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

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