Where a solicitor fails to commence proceedings within a limitation period and then negligently conducts an application for extension of time, the client has two separate causes of action: one accruing when the limitation period expires (for the failure to commence proceedings) and a second accruing later (for the negligent conduct of the extension application). The first may be statute barred while the second remains actionable. The scope of a solicitor's retainer to bring proceedings extends to applying for leave to proceed out of time if that becomes necessary, even where the need arises from the solicitor's own negligence.
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