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Attempt to strike out professional negligence proceedings against former solicitors refused due to unresolved limitation issues
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The High Court refused an application by a firm of solicitors to strike out professional negligence proceedings brought by a former client. The court rejected technical objections raised by the plaintiff regarding the form of court documents, and determined that it could not be established at this stage that the plaintiff’s claim was bound to fail on the basis of being statute-barred, as there was some credible argument over when a real and measurable loss was sustained and whether fraudulent concealment delayed the limitation period. While the court found no merit in the plaintiff’s procedural challenges, it concluded that the high threshold to summarily dismiss the action was not met, and ordered the defendants to deliver a defence within 28 days.
professional negligence – solicitors – strike out application – statute-barred – limitation period – technical objections – Rules of the Superior Courts (RSC) – Order 19 rule 28 – Order 12 – memorandum of appearance – notice of motion – fraudulent concealment – legal representation – McKenzie Friend – dismissal for delay
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