professional negligence claims

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The new rules laid down by the Constitutional Court in December 2023, which will extend the three year prescription period for claims against legal practitioners in many cases (see our blog here), will have to be considered by professional indemnity insurers. Prescription will only start running once the client knows that the advice was…

In December 2023 the Constitutional Court held that where a client sues their legal practitioner for losses suffered as a result of professional negligence, the knowledge of the facts which give rise to the commencement of running of the three year prescription period may include knowledge of the legal conclusion that the advice was incorrect.…