A woman injured in a road accident 18 years ago, whose solicitor failed to prosecute her personal injuries action in time, has lost her High Court claim to be compensated by the Solicitors Mutual Defence Fund Ltd.
The case brought by Ms Helen Rafter (49), of Knocklyon Road, Templeogue, Dublin, was described by Mr Justice McCracken as "very unfortunate". He regretted that Ms Rafter "appears to be left with no remedy due to a most unfortunate series of events beyond her control". He recommended the fund should consider "doing something" for her.
In his decision, he upheld the fund's claim that, because the scheme was discretionary, there could be no question of a trust arising.
Ms Rafter was injured in a head-on collision on February 21st, 1981. Her solicitor, Mr Michael Collier, failed to issue proceedings in time and the claim became statute-barred on February 28th, 1994.