Q&As

For a clinical negligence claim which triggers Article 2 of the ECHR where a voluntary mental health patient took her own life on a period of home leave from the hospital, what would the applicable limitation period be; 1 year from the date of death or 3 years from the date of death? Would children be classed as 'victims' under the Human Rights Act?

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Produced in partnership with Aneurin Moloney
Published on LexisPSL on 31/08/2017

The following PI & Clinical Negligence Q&A Produced in partnership with Aneurin Moloney provides comprehensive and up to date legal information covering:

  • For a clinical negligence claim which triggers Article 2 of the ECHR where a voluntary mental health patient took her own life on a period of home leave from the hospital, what would the applicable limitation period be; 1 year from the date of death or 3 years from the date of death? Would children be classed as 'victims' under the Human Rights Act?
  • Limitation
  • ‘Victims’

Limitation

Claims under the Human Rights Act 1998 (HRA 1998) are subject to a one year limitation period which runs from the date of the act complained of. However, there is a provision under HRA 1998 s 7(5)(b) for the court to extend that period if it is ‘equitable’ to do so having regard to all of the circumstances of the case. In Rabone v Pennine Care NHS Foundation Trust, the claimants issued their HRA 1998 claim one year and four months following the death. The Supreme Court held that factors listed in section 33(3) of the Limitation Act 1980 are relevant in determining whether the discretion to extend time should be exercised.

However, the fact that there is a HRA 1998 element to the

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