Risk management

I could never miss a time limit...

As every trainee knows, one of the main causes of action in negligence claims against solicitors is a missed time limit in personal injury litigation.Yet this remains one of the most frequent reasons for claims to the Solicitors Indemnity Fund, and a number of recent claims reveal how this can happen.

Failure to check jurisdictional issuesBen was instructed by a client injured at an airport while on holiday.

The accident was caused by an employee of an airline based in a country with a shorter limitation period than England and Wales.

No consideration was given to this point - the shorter period expired.

Counsel later advised that the client's damages might have been higher if proceedings had been commenced overseas.

Relying on the client's memoryCandice was instructed by Graham, who had sustained serious head injuries in an accident at work.

She took full details of the accident, but Graham supplied the wrong date.

The defendant's accident report book revealed the true date - and the defendant's solicitors referred to it in correspondence.

The discrepancy was not noticed until too late.

When the firm's automated diary system reminded Candice that she had just three months left to issue proceedings, the limitation period had already expired.

Lack of inter-departmental communicationA conveyancing client mentioned to Victoria that she had had an accident 'a couple of years ago'.

Victoria noted this for her file and, as she didn't handle litigation, told the client she would refer it to her personal injury partner.

The limitation period was about to expire at the time of the interview; three weeks later, when the litigation department met the client, it was too late.

All at seaDespite warnings from the Solicitors Indemnity Fund, many practitioners remain unaware that the limitation period for claims for damages for personal injury arising from accidents at sea is two years, not three.

Never make assumptions about limitation periods.

Research them every time you open a file on a new matter and every time a new fee-earner takes over the file.

Conduct regular case reviews and look out for discrepancies or odd situations.

Act promptly upon receipt of instructions.

X For information on claims prevention, contact your claims handler at the Solicitors Indemnity Fund or the Risk Improvement Unit; tel: 0171 566 6000.