Where a solicitor fails both to commence proceedings within a prescribed time limit and subsequently fails to seek leave to commence out of time, these constitute two distinct causes of action with separate limitation periods. The failure to seek leave is a continuing breach of a continuing duty, distinct from the once-and-for-all duty to file within time. A plaintiff whose claim for the first failure is statute-barred may still recover for the second failure if proceedings are commenced within six years of that later breach.
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