Q&As

Where do we issue a personal injury claim where damages are not quantified at the moment but where limitation expires shortly?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 05/02/2018

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Where do we issue a personal injury claim where damages are not quantified at the moment but where limitation expires shortly?

This Q&A neatly raises two scenarios that frequently arise in personal injury cases. First, cases in which, despite the three-year limitation period, the client leaves it until the eleventh hour before instructing solicitors, leaving insufficient time to obtain supporting medical evidence and to fully particularise the special damages claim. Second, cases involving serious injury in which the final medical prognosis is not reached during the three-year limitation period, such that further medical evidence will inevitably be required after the proceedings have been instituted.

The most important advice in both of these instances is to ensure that the claim form is lodged with the court within the three-year limitation period. It is simply not advisable to place reliance on the lottery of an application, pursuant to section 33 of the Limitation Act 1980, for a discretionary extension (albeit that the prospects of obtaining the same in historic sexual abuse cases has been increased by the decision of the Supreme Court in A v Hoare).

The difficulty that is created when medical and

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