In solicitors' negligence cases where the alleged negligence involves the conduct of proceedings (rather than failure to commence them), the question of when damage accrues for limitation purposes is essentially factual and cannot be confidently resolved on interlocutory applications unless the case is one of the clearest. A 'loss of entitlement to claim' may not be complete until all prospects of making the claim are irretrievably destroyed, and where there remained a possibility of remedying the defect through amendment or extension of time, the limitation period may not have begun to run from the date of the original negligent act.
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