Q&As

If a claimant is declared bankrupt while pursuing a personal injury claim does the limitation period stop running when declared bankrupt?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on LexisPSL on 15/06/2018

The following PI & Clinical Negligence Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • If a claimant is declared bankrupt while pursuing a personal injury claim does the limitation period stop running when declared bankrupt?

If a claimant is declared bankrupt while pursuing a personal injury claim does the limitation period stop running when declared bankrupt?

The limitation period will not stop running automatically, however, section 33 of the Limitation Act 1980 (LA 1980) provides for a discretion for a personal injury claim time limit to be extended. The court is required to balance the prejudice to the parties of extending or not extending the time limit in these circumstances.

The factors the court is to have regard to at LA 1980, s 33(3) include (a) the length of, and reasons for, the delay; (b) the extent to which the delay causes the evidence to be less cogent; (c) the defendant’s conduct; (d) the duration of any disability the claimant was under; (e) the extent to

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