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Al-Ruby v Quist Solicitors (A Firm) [2007] EWHC 2297 (QB) (11 October 2007)


Before instructing solicitors, the Claimant issued two sets of proceedings. The first was a libel action based on a letter written in February 1998. The claim form was issued in December 2003. The second was a claim for negligent misstatement based on a letter written on 9 March 1998. He issued the claim form in this latter action on 5 March 2004. The Claimant instructed the defendant firm in May 2004. The claim forms were not served in time and the actions became statute barred. The Defendant firm successfully struck out the claims. On appeal the Court accepted that the limitation period would not have been extended as there was no material to demonstrate that there was a realistic prospect that a court would have disapplied the primary limitation period in respect of the libel action and that the defence of qualified privilege would have applied in any event. The claim for negligent misstatement was bound to fail and could not be made good by way of a claim for negligence.