In my last blog I provided an overview on claims for negligence against professionals, I mentioned that time limits may mean that you should not delay. In this blog I provide more details.
If you are considering bringing a negligence claim against a professional (such as a solicitor, barrister, an accountant, surveyor, or architect), any claim must be made within a certain time frame. This is called the limitation period. If you make a claim outside this time frame, then your claim may be statute-barred, and you will not be able to make claim. Corresponding with the professional will not stop time limits and you must lodge a claim within a relevant court.
Key time limits to make your claim
There are, in general, two time limits on claims against professionals:
You usually have six years from the date of the breach of your contract by your professional within which to bring a claim or six years from actual damage (usually losses such as having an asset which is worth less than expected) and resulting from the negligent act by your professional. These periods are known as the ‘Primary Limitation’ period.
In some instances, it is not apparent that you have suffered financial loss at the hands of a negligent professional within the six-year period. If this is the case, then a ‘Secondary Limitation’ period will apply and, in this case, the relevant time limit period is three years from the date of knowledge of facts which might give rise to a claim. This period is known as the ‘Secondary Limitation’ period.
There is a long stop date of fifteen years within which claims must be brought.
To give an example about an actual case from our file:
Two parties bought a house in June 2004, and their relationship ended in 2019. There was a dispute between them about their respective share of the house. Their solicitors failed to advise them concerning their joint ownership and to draw up a formal document recording the share of the house they had verbally agreed in 2004. The primary limitation period for the claim by one of the parties, who had instructed us, expired in 2010.
However, our client did not know about the claim until just before we were instructed in March 2019. Our client could use the secondary limitation period as our client only became aware of his potential claim against his conveyancing solicitors in March 2019. The 15 year long stop period did not expire until June 2019 and we advised him to lodge a claim pending negotiations with his former conveyance solicitors. We successfully settled the claim as it was brought within the statutory time limit. If the claim had been issued post June 2019, our client would not have been able to bring a claim against his former conveyance solicitors.
It can be difficult or complex in some cases to work out when the six year or three period starts running, and so if you think you have a claim against a professional, it is important to seek legal advice as quickly as possible, As an example, on the three year time limit, the court will work what knowledge you had about the issues in your claim and this may well be different from when you think you knew that you had a right to bring a claim.
Income tax to date of death
Administering an estate of someone who has died has a number of different aspects to it that need to be dealt with by the executor or personal representative of the estate. One of these is reporting the death to HM Revenue and Customs and checking the income tax position of that person from 6 April to the date of death and, depending on circumstances a year or maybe more before death.
‘Tell Us Once’
A good place to begin is to use the ‘Tell Us Once’ service using the unique reference number that will be provided to you when you register the death. This is a service which means that you can notify a death to most government organisations in one telephone call or through the online system. You have 28 days from the date of registration of the death to complete this application. This system will notify HM Revenue and Customs who will then write to you as personal representative. If you don’t use the ‘Tell us Once’ service, you can contact the HM Revenue and Customs bereavement helpline by phone or write to them.
If the deceased completed Self-Assessment tax returns
If the person who had died was completing Self-Assessment tax returns, then HM Revenue and Customs will probably issue a tax return to be completed from 6 April to the date of death. If there are any outstanding tax returns from previous years, they will let you know that you need to complete these as well. If they were not completing tax returns HM Revenue and Customs will calculate any tax due to or from the estate for you. When you get these calculations, it is really important that you look at them carefully to check that all the income that you are expecting is on the calculation.
Many estates where tax has been deducted from pay or pensions under PAYE will be due an income tax repayment to date of death, which is a good incentive to check the tax position carefully.
If you need any advice, please call us on 0800 84 94 101
It’s the most wonderful time of the year… unless you are a parent of a child where co-parenting proves difficult. Christmas can present all sorts of problems for parents who are unable to co-parent effectively. Christmas tends to be about spending time with close loved ones, friends and family and having to share the children during this time will inevitably mean spending less time with them and having to reach difficult compromises between each other.
What can you do to make the process of co-parenting at Christmas easier?
It often helps for separated parents to try and agree the arrangements for the Christmas period well in advance of the holidays. A common arrangement between separated families is for the children to spend Christmas Eve and some of Christmas Day with one parent, with the rest of Christmas Day and Boxing Day spent with the other. This can then alternate on a yearly basis. That arrangement will not work for everyone as it will largely be dependent on location and family traditions, but it is a starting point to build upon. If distance is an issue and it is not possible to share Christmas Eve, Christmas Day and Boxing Day between you, if you are the parent who is not spending Christmas itself with the children, maybe you could consider arranging a ‘fake Christmas’, where you get to do all the traditional festive things you would like to do with your family, just on a different day. Both parents can then enjoy the full festive experience and the children will get to celebrate twice.
How can you make it easier for your children at Christmas?
Conflict can also cause parents to try to outdo each other in terms of the experience itself and regarding buying presents. Although it can be tempting to spoil the children and show them that they can have a better time with you, this can sometimes lead to children feeling torn and may put them under additional stress if they feel they need to hide things from the other parent. The children’s wishes and feelings should be the primary focus when deciding how to manage the festive period and how it will be celebrated.
Whatever you decide, communication is key. If you are unable to have face to face discussions with the other parent, you could consider asking a family member or friend to facilitate discussions between you or you could attempt mediation as a form of alternative dispute resolution. There are also various online Apps you could use to try and figure out an agreement. Both parents will need to keep an open mind when discussing arrangements for the children and you should both be prepared to compromise to reach an agreement that is in the best interests of the children.
What can you do if you can’t reach an agreement?
Hopefully you are able to agree arrangements at Christmas by yourselves. However, for anyone who is not able to reach agreement or finds this year difficult to manage and wishes to ensure the same pattern is not repeated over years to come, one of our specialist family lawyers in our Family Team will be able to advise and assist you. We also have resolution accredited family lawyers in our team who can offer family mediation.
To find out more or to discuss your individual circumstances in more detail, contact us today on 0800 84 94 101 or email enquiries@mayowynnebaxter.co.uk.
Appointments are available in person at one of our offices, by telephone or via Zoom if preferred.