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Liability Risk and Insurance

Solicitors’ professional negligence and limitation period

Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.

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