Risk managementCalamity claimIt is difficult to think of a clearer example of how not to conduct litigation.

Jane, a solicitor, issued proceedings for damages for personal injury at the last minute - immediately before the limitation period expired - although by that stage she had been instructed for over two and a half years.

Jane was not able to explain why she had delayed so long before issue.Having issued the claim, Jane then waited until the period for service had almost expired before serving it on the defendant.

Immediately before service, however, she was informed by the claimant that the defendant company had been taken over by another company.

Jane proceeded to serve the claim on the new company, without making any enquiries to verify this, nor did she bother to carry out a company search.As it transpired the defendant company had not, in fact, been taken over and, therefore, the proceedings were served on the wrong defendant.

To compound the situation, the proceedings were served at the wrong address even though Jane had been given the correct address, by the defendant's insurers.Despite these errors, Jane could have tried to rectify the situation either by applying to join the correct defendant after the limitation period had expired or by issuing fresh proceedings, again outside the limitation period, against the correct defendant.

Although aware of the problem by this point, she did nothing.There are many lessons to be learnt from this claim and every firm should learn from its mistakes.

Analyse your claims, find out what went wrong, why it went wrong, and what should be done to reduce the risk of a repetition.

This claim reveals classic examples of what can go wrong.Do not delay - files should be progressed quickly and efficiently.

Leave matters to the last minute and you increase the risk of something going wrong.

You also increase the pressure upon yourself, and a high pressured working environment is often a high risk environment.Have a case plan attached to each file setting out what needs to be done and by when, and stick to it.

Do not put off working on a file on the basis that it can be dealt with easily and quickly.

Invariably when you actually get round to dealing with the file you find it is not as straightforward as you thought, and once again you are under pressure.Know your limitations.

If you have too much work, or the file is beyond your capabilities tell someone, or, if you are a sole practitioner, do not take it on.

Don't allow your judgement to be clouded by the thought of the potential fee income.

The file may end up costing you a great deal of money.If you recognise that you have made a mistake, do not bury your head in the sand.

The problem will not go away, it will get worse.

Rectification at minimal cost may be possible if the problem is addressed immediately.

l This column was prepared by the St.

Paul risk management team