You instructed a solicitor. Months passed. Updates were vague or non-existent. And then at some point you were told, or you discovered for yourself, that nothing could be done anymore. The deadline had passed. Missing a limitation deadline is one of the most serious mistakes a solicitor can make. But it does not have to be the end of your options.
Why limitation is so important in energy claims
Business energy commission claims are time-sensitive. The limitation period sets a hard legal deadline on when proceedings can be issued. After that point, a claim cannot be brought regardless of how strong the underlying case was or how clearly the overcharging can be demonstrated. The deadline does not flex. There is no discretion. Once it passes, the original claim is gone.
Solicitors know this. Diarising limitation deadlines and managing them is among the most basic responsibilities a solicitor has. It applies to every file, every case, every matter they take on. Failing to do so is not a matter of professional judgment or a difficult call. It is a straightforward failure of the most fundamental kind.
And yet it happens. Caseloads build up. Communication with clients becomes irregular. Files that were opened with good intentions get deprioritised. By the time anyone looks at the matter properly, the deadline has passed and the client is left with nothing. The business owner who waited patiently, provided documents when asked, and trusted the process is the one who pays the price.
What a professional negligence claim looks like here
When a solicitor allows a claim to become time-barred through their own failure, the remedy available to the client is a professional negligence claim against that solicitor. Three things need to be established to bring it successfully.
1. The original claim had genuine value. It is necessary to show that, had the solicitor acted properly, there was a real and recoverable sum available. For most business energy commission claims, this is not a difficult hurdle given how widespread the mis-selling was.
2. The solicitor was responsible for managing the limitation period. Where a client has instructed a solicitor to pursue a claim, the solicitor takes on responsibility for ensuring proceedings are issued in time. That responsibility does not require a specific instruction to be given. It is part of the basic duty of care.
3. The failure caused the loss. The connection between the solicitor missing the deadline and the client losing the ability to recover has to be clearly established. In time-barred cases, this is usually straightforward.
What about the paperwork?
One concern that comes up regularly is that business owners no longer have all the original contracts, energy bills, or broker correspondence. Years may have passed since the energy contracts were in place, and records do not always survive that long in a small business. In most cases this is not a barrier to pursuing a claim. Energy suppliers and brokers hold their own records. There are established legal mechanisms for obtaining documents, and a specialist solicitor experienced in this area will know how to reconstruct what is needed. A lack of paperwork on your end should not stop you from finding out whether a claim is viable.
Act sooner rather than later
The professional negligence claim itself also has a limitation period. Delay can erode your position. If you suspect a solicitor let your energy claim go time-barred, or if you simply engaged a firm and never received a satisfactory outcome or explanation, the right move is to get a free review done now. Sold Short will assess the situation and tell you honestly whether there is a viable claim worth pursuing.
Sold Short reviews business energy claims where solicitors failed to deliver. Free review. No win no fee.
