The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
On instruction, limitation should be one of the first issues you consider. Although the general rule is relatively straightforward (a three-year limitation period running from the date of the accident), there are a host of exceptions where different deadlines apply, and in many circumstances the deadline is much shorter than the three years given under the Limitation Act 1980 (LA 1980).
When first dealing with the limitation issue consider the following:
will the action include a claim for damages arising from personal injury to any person?
scan the list of exceptions in the table in Time limits under the Limitation Act 1980—personal injury claims—Exceptions to the general rule to see whether your case may fall within one of those. If your case is on the list, then see Practice Note: Specific time periods for different types of personal injury claim to see whether your case is in fact such an exception. If it is, the relevant limitation period/position will be set out in that Practice Note
consider which came later: the date of injury or the claimant’s date of knowledge. If you are unsure as to when the claimant acquired knowledge, you should analyse the facts of your case using the process set out in Practice Note: Date of knowledge—section 14 of Limitation Act
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.