A woman hired a solicitor to file a complaint against her neighbour for continuously playing loud music that disturbed her peace and prevented her from enjoying her garden. The solicitor tried to resolve the issue amicably, but the parties involved rejected the proposal. The complaint was only for £1,000, which was of questionable merit and took up a lot of the solicitor's time. The solicitor postponed the matter until the woman called to inquire about the case's progress. At this point, the solicitor discovered that the limitation period had expired.
A woman was informed by her solicitor that the limitation period had expired. She then hired a different solicitor to issue proceedings against her former solicitor for negligence. The claim alleges that the defendant was negligent in missing the limitation period and that if they hadn't been negligent, the woman would have won her case. She is claiming £30,000 in damages, excluding interest and costs.
The woman's former solicitor hires you to defend the claim. The former solicitor admits that they forgot about the limitation period but is adamant that the nuisance claim was speculative and unlikely to succeed.
Which of the following best describes how you should draft the defence?
A woman hired a solicitor to file a complaint against her neighbour for continuously playing loud music that disturbed her peace and prevented her from enjoying her garden. The solicitor tried to resolve the issue amicably, but the parties involved rejected the proposal. The complaint was only for £1,000, which was of questionable merit and took up a lot of the solicitor's time. The solicitor postponed the matter until the woman called to inquire about the case's progress. At this point, the solicitor discovered that the limitation period had expired.
A woman was informed by her solicitor that the limitation period had expired. She then hired a different solicitor to issue proceedings against her former solicitor for negligence. The claim alleges that the defendant was negligent in missing the limitation period and that if they hadn't been negligent, the woman would have won her case. She is claiming £30,000 in damages, excluding interest and costs.
The woman's former solicitor hires you to defend the claim. The former solicitor admits that they forgot about the limitation period but is adamant that the nuisance claim was speculative and unlikely to succeed.
Which of the following best describes how you should draft the defence?
You should admit liability for negligence, neither admit nor deny causation, and deny the allegation of damages.
(D) It is recommended that a defendant should admit liability for negligence and deny the allegation of damages in a legal claim. If the defendant believes that causation is speculative, it is not advisable to deny this allegation as it is hypothetical. The defendant can dispute the damages claimed by the plaintiff if it exceeds the amount originally claimed. A procedural defence can also be used by the defendant to defend a claim, like the lack of jurisdiction or expiration of the limitation period.
The defendant must be truthful in their defence, admitting allegations that are true and denying allegations they believe are false. If the allegation is not within their knowledge, they can neither admit nor deny it. The defendant must not issue a blanket denial but rather admit or deny each allegation individually.
In this case, the defendant admitted they were negligent in missing the deadline. Therefore, they cannot deny this allegation. However, they can deny the allegation