Successful challenge to Personal Injury claim after expiry of limitation period

Rachel was instructed on behalf of the Defendant insurance company to deal with a preliminary hearing in a fast track personal injury case.

The claim had been issued 128 days after expiry of the limitation period, due entirely to the Claimant’s solicitor’s failings. The Defendant had been aware of the potential claim prior to expiry of limitation and the Claimant argued that no substantial prejudice was caused to the Defendant by late issue due to the minimal period of delay.

Rachel was able to persuade the Judge that he should not exercise his discretion to extend the limitation period and was further able to obtain a costs order in her client’s favour after the Judge agreed to disapply the usual QOCS costs protection afforded to Claimants in personal injury claims.