You may be able to claim against the solicitor. If a solicitor missed a time limit or court deadline and your claim was lost as a result, for example because it became “statute-barred” (started too late) or was “struck out” (ended by the court), you can bring a professional negligence claim to recover what the lost claim was realistically worth. In some cases the original claim can still be rescued. Either way, it pays to get independent advice quickly, because new time limits start running once things go wrong.
What happens when a solicitor misses a deadline?
It depends on which deadline was missed. The most common are:
- The limitation period, the legal deadline for starting court proceedings. For most personal injury claims it is three years (Limitation Act 1980, section 11), and for most contract and negligence claims it is six years (sections 2 and 5). A claim started after the deadline is statute-barred, meaning the other side can rely on the delay as a complete defence.
- A court-ordered deadline, such as a date for serving evidence or filing documents. The court can strike out a claim for failing to comply with a rule or court order (Civil Procedure Rules, rule 3.4).
- An unless order, an order to do something by a set date, “unless” the claim is struck out. If the date passes, the sanction takes effect automatically, without any further hearing, and the only route back is an application for relief.
Delay is one of the most common complaints people make about lawyers. In its 2025/26 complaints data, the Legal Ombudsman reported that delay and failure to progress made up 22 per cent of complaints, second only to poor communication, and that personal injury work accounted for 14 per cent of the complaints it accepted.
Is a missed deadline always the end of the original claim?
Not always, which is why speed matters. For personal injury claims, section 33 of the Limitation Act 1980 gives the court a discretion to let a late claim continue where that would be fair, weighing factors such as the length of and reasons for the delay and the effect on the evidence. Where a claim has been struck out for missing a court deadline, an application for relief from sanctions (Civil Procedure Rules 3.8 and 3.9) may sometimes reinstate it.
A court deciding whether to allow a late claim may take into account that you have a potential claim against your solicitor. The House of Lords made clear in 1981 that this does not remove the prejudice of losing your original claim, and later decisions treat it as one relevant factor rather than the deciding one. Because the solicitor who made the mistake has a conflict of interest, it is wise to take advice from a different law firm before deciding what to do.
Can you claim against the solicitor who missed the deadline?
Yes, if their mistake caused you a loss. A professional negligence claim against a solicitor needs to show that:
- the solicitor owed you a duty of care, as solicitors do to their clients;
- they fell below the standard of a reasonably competent solicitor, for example by missing a deadline without good reason; and
- that failure caused you to lose something of value.
You do not have to prove you would definitely have won the original claim. Since a 1958 Court of Appeal decision about a claim that was allowed to run out of time, the courts have valued a lost claim by looking at its realistic prospects. A 1998 Court of Appeal decision set the test: the lost claim must have had a real and substantial chance of success, rather than a negligible one, and a solicitor who argues the claim was worthless has to show it. In 2019 the Supreme Court, in a case about a former miner’s undersettled industrial disease claim, added that you must prove on the balance of probabilities what you yourself would have done, and that only an honest claim counts. Compensation then reflects the value of the original claim and its chances of success.
How long do you have to claim against the solicitor?
Usually six years from the solicitor’s mistake, under sections 2 and 5 of the Limitation Act 1980. If you only discovered the problem later, section 14A can allow three years from when you knew, or could reasonably have known, about it, subject to an overall longstop of 15 years from the negligent act (section 14B).
Be careful about when the clock starts. The Court of Appeal held in 2020 that time can begin running before a claim is actually struck out, once there was a serious risk it would be dismissed because of the solicitor’s failings. If you are worried a deadline has been missed, getting advice early protects your position.
Should you go to the Legal Ombudsman or to court?
It depends on the size and nature of the loss. The Legal Ombudsman deals with complaints about poor service from lawyers. You must complain to the law firm first and give it eight weeks to respond, then bring the complaint to the Ombudsman within one year of the problem, or of when you should reasonably have known about it. The Ombudsman can award up to £50,000 and may decline a complaint where a court is better placed to decide it.
Where a lost claim was worth more than that, or the case turns on complex questions about what the original claim would have achieved, a professional negligence claim through the courts is often the stronger route. WE Solicitors advises on which route offers the best prospect of recovery in each case.
What if the solicitors’ practice has closed?
A claim can usually still be made. Solicitors in England and Wales must hold professional indemnity insurance under the Solicitors Regulation Authority’s rules, and that insurance continues to cover claims for six years after a practice closes, known as run-off cover. Where a loss falls outside insurance, for example because client money was taken dishonestly, the SRA Compensation Fund may help as a fund of last resort.
How does a professional negligence claim against a solicitor work?
Claims against solicitors follow the Pre-Action Protocol for Professional Negligence, which aims to resolve disputes without court proceedings where possible:
- Letter of Claim. We set out what went wrong and the loss it caused. The solicitor should acknowledge it within 21 days.
- Investigation. The solicitor then has three months to investigate and send a Letter of Response.
- Negotiation. The protocol encourages both sides to settle through negotiation or mediation before going to court.
- Court proceedings, if the claim cannot be resolved. The protocol does not stop the limitation clock, so where a deadline is close we may agree a standstill with the other side or issue proceedings to protect your position.
WE Solicitors has acted in professional negligence claims since 2001 and is a member of the Professional Negligence Lawyers Association. Professional negligence claims are handled on a no win, no fee basis, with a free initial consultation.
Frequently asked questions
Can a claim succeed if the original case might have lost anyway?
Possibly. The question is whether the lost claim had a real and substantial chance of success. If it did, compensation reflects that chance, even though success was never certain.
Should the same solicitor be asked to put things right?
It is not advisable. A solicitor who may have made a mistake has a conflict of interest, so independent advice from a different law firm is important.
What evidence helps?
Letters and emails from the solicitor, court orders, any explanation they gave for the delay, and a copy of the file. We can help request the file from your old solicitors.
Is it too late if the deadline was missed several years ago?
Not necessarily. The usual limit is six years from the mistake, or three years from when you found out if that is later, within a 15-year longstop. The sooner you ask, the more options remain open.
Speak to a professional negligence solicitor
If a solicitor missed a deadline and your claim was lost or put at risk, we can review what happened and explain your options in a free, no-obligation consultation. Call 0800 294 3065 or complete our online enquiry form. You can also read more about claims against solicitors and other legal professionals and litigation negligence.
Sources: Limitation Act 1980, section 2; section 5; section 11; section 14A; section 14B; section 33; Civil Procedure Rules, Part 3; Pre-Action Protocol for Professional Negligence; Supreme Court, [2019] UKSC 5; High Court, [2011] EWHC 2831 (QB); Court of Appeal, [2008] EWCA Civ 1451; Court of Appeal, [2020] EWCA Civ 851; Court of Appeal, [2007] EWCA Civ 463; Legal Ombudsman, Scheme Rules (April 2023); Legal Ombudsman, 2025/26 annual complaints data and insight; SRA, Indemnity Insurance Rules; SRA, Compensation Fund.
