Limitation of action

The claimant had retained the defendant firm of solicitors and barrister in respect of a clinical negligence claim. They advised her that she did not have a viable claim. Consequently, she did not pursue the action. She was subsequently advised that her claim had been viable and so she issued proceedings alleging professional negligence. The claim was dismissed on grounds of liability and as being statute barred. The Court of Appeal, Civil Division, dismissed the appeal, but differed from the judge in finding that she had had constructive, not actual, knowledge that she had had a viable claim against the lawyers.