The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
The Limitation Act 1980 is referred to as LA 1980.
Pursuant to the Foreign Limitation Periods Act 1984, where a court in England or Wales is applying the law of a foreign country, the relevant foreign limitation period applies unless applying it would so conflict with public policy as to cause undue hardship to one of the parties.
In Harley v Smith, the application of a 12 month period pursuant to Sharia law did not amount to undue hardship.
In Naraji v Shelbourne, it was not contrary to public policy to hold the claimant to the two year limitation period under Indiana law.
See Practice Note: Foreign Limitation Periods Act 1984
Any claim that accrued before this date, regardless of the claimant’s date of knowledge, is time-barred, as the defendant’s accrued limitation defence under the Limitation Act 1939 is not retrospectively removed by the operation of the Limitation Act 1963 and later Acts, unless the damage occurred after that date, in which case the usual provisions of LA 1980 apply (see Kennan v Miller Insulation & Engineering (8 December 1987, unreported) and Arnold v Central Electricity Generating Board).
Where bodily injury occurs as a result of an accident:
on an aircraft
while embarking on a flight (ie at any
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