Where delay in making a family provision application is caused by the applicant's solicitors, the court must separately examine the applicant's own conduct and the extent to which the solicitor's fault should be attributed to the applicant, rather than automatically treating the solicitor's neglect as the applicant's neglect. An applicant who has done everything reasonably expected to progress the claim may be granted an extension of time notwithstanding gross solicitor delay. The alternative remedy of a professional negligence claim against the solicitor, being less certain and more expensive, is a relevant factor weighing in favour of granting the extension.
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