Case ongoing at time of writing (May 2025)
What has happened so far?
The claimant is pursuing a professional negligence claim against a personal injury law firm after losing the chance to bring a personal injury action due to errors in identifying the correct defendant. Temple has provided ATE insurance to support the claimant’s case.
The Claimant instructed a firm of solicitors to pursue his personal injury claim. The Claimant was a bus driver who was teaching the route to a colleague at the time of the index accident.
The Claimant alighted from the bus to free some rubbish caught under the wheel arch. The driver of the Defendant’s vehicle drove over the Claimant’s foot as he stood next to the bus. The driver of the Defendant’s vehicle then fled the scene. Liability was in issue.
The Claimant’s solicitors issued proceedings close to the limitation period against the owner of the vehicle. The case was struck out as the owner was not driving the car at the time of the accident. The court further refused to grant an order allowing a substitution of the defendant to the MIB. Therefore there was no cause of action.
The limitation period had expired, leaving the Claimant with no remedy for his claim and with a schedule of loss approaching £150,000.
The solicitors should have given notice to the MIB in respect of the claim and, if required, brought proceedings against the MIB. They therefore issued proceedings against the wrong party.
Temple has provided the Claimant with ATE to cover the claim for professional negligence against the firm of solicitors for negligent advice due to their failure to identify the correct defendant to the proceedings and thereby causing the claimant the inability to recover general and special damages for their personal injury claim.
We have therefore given the Claimant the opportunity to pursue their claim in the full knowledge that they have protection for any adverse costs as well as assisting them with disbursements such as the court fee if required in bringing their case.
We will further assist with any proposed mediation to facilitate a settlement.
The Temple Perspective
Temple supports claimants who are let down by the very professionals they trust to uphold their rights. In this case, we are proud to help ensure that the claimant has the opportunity to pursue the justice they were previously denied.
Matter value: £150,000.
Case status: ATE insurance policy issued, case ongoing.
Team members involved: Jamela Collins, Technical Underwriting Manager.
