Limitation

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Latest PI & Clinical Negligence News

Senior Courts Costs Office guide updated—January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Senior Courts Costs Office guide updated—January 2021

Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

The following Arbitration news provides comprehensive and up to date legal information on EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

9th Nov

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Limitation content

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU has implications for practitioners considering applicable law, jurisdiction and settlement. for guidance, see...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 18th Jan

Q&As

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,...

Produced in partnership with Peter Edwards of Devereux Chambers 15th Jan

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

15th Jan

Practice notes

Specific time periods for different types of personal injury claim

The Limitation Act 1980 is referred to as LA 1980.Accidents abroadPursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in...

15th Jan

Practice notes

Extending the limitation period in clinical negligence claims

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

11th Jan

Q&As

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...

Produced in partnership with David Green of 12 King's Bench Walk 8th Jan

Q&As

If limitation expires for the purposes of a personal injury claim (three years from the date of accident), does the same limitation period apply to a loss of earnings arising from the same incident (loss of earnings being a monetary claim)? Or would it be for a loss of earnings six years from the date of the accident for limitation?

This Q&A considers whether the time limit in respect of personal injury claims under the Limitation Act 1980 (LA 1980) applies to loss of earnings...

Produced in partnership with Christi Scarborough of 42 Bedford Row 8th Jan

Practice notes

Limitation in clinical negligence claims

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...

Produced in partnership with Alex Rush of Stewarts Law 8th Jan

Practice notes

Limitation in Noise Induced Hearing Loss claims

Limitation is almost always an issue in NIHL claims. The typical claimant is someone who was exposed to noise at work much more than three years...

Produced in partnership with Sue Brown 8th Jan

Q&As

If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?

The limitation period for a Data Protection Act 1998 or misuse of private information compensation claim which includes a claim in respect of...

Produced in partnership with Peter Edwards of Devereux Chambers 8th Jan

Q&As

Does an employer owe a duty to assess the long term risks of training it requires an employee to undertake? Does the limitation period run from when a claimant became aware of developing arthritis in their wrists or when they were recently informed that their wrist has now fused preventing movement?

An employer has a duty to assess the risks (short or long-term) of training that it requires an employee to undertake. Generally, an employer has a...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 8th Jan

Q&As

What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?

In this Q&A, we have assumed that medical evidence has been obtained and is ready to be served but the medical evidence is incomplete because a final...

Produced in partnership with David Green of 12 King's Bench Walk 8th Jan

Q&As

What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding suffered over France.

There are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or arising out...

5th Jan

Q&As

Where a stay has been ordered in accordance with paragraph 5.7 of the pre-action protocol for low value claims, if the stay has no end date is it an indefinite stay or is there a 12-month timescale on it? Do we have to serve a copy of this stay on the defendants and within what time frame?

Where compliance with either the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or Pre-Action Protocol for Low...

5th Jan

Q&As

Should I issue protective Part 7 or Part 8 proceedings? I have recently submitted the CNF but limitation is due to expire and it is unlikely the defendant will confirm their position on liability before this time. I am fairly sure I need to issue Part 8 proceedings and follow the procedure set out at paragraph 16 by asking for a stay in order to comply with the relevant protocol?

Where the claim has started in the RTA or EL/PL portal, the relevant paragraph of the relevant protocol is para 5.7, which states as follows:‘Where...

5th Jan

Q&As

When a child dies due to negligence does the three-year limitation period start to run from the date the deceased child would have reached their 18th birthday or the date of death?

Limitation period for a deceased minor claimantAlthough time generally starts to run from the ordinary date of accrual (Bell v Peter Browne) there are...

5th Jan

Q&As

Where a claim form is issued by the court two days after it was lodged with them which of the two dates should be used to calculate whether the claim has been brought within the three-year limitation period and which date is used when calculating the four-month service period?

It is necessary to differentiate between the different terms used in the CPR relating to claims and limitation, namely ‘starting proceedings’, ‘issue...

5th Jan

Q&As

What is the correct procedure to follow when a road traffic accident claim has started in the portal and negotiations are not yet finalised but the limitation deadline is due to expire shortly?

Where claims have started in the road traffic accident (RTA) portal, the relevant section of the RTA protocol is para 5.7, which states as...

5th Jan

Q&As

In a non-fixed costs case is a claimant entitled to their costs for complying with directions and preparing for a trial on limitation where shortly before the trial the defendants conceded limitation?

The court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid.The court has...

5th Jan

Q&As

What is the limitation period for an accident which occurred at sea? The claimant is a fisherman and was injured when he slipped on the vessel he was working on. The Merchant Shipping Act 1995 seems to apply only where the injury happens to someone on a different vessel and the Athens Convention applies to passengers. Can you direct me to any authority that dictates that the limitation period is less than three years (as long as English law applies)?

Dealing with a limitation issueLimitation is of critical importance. As noted in Practice Note: Dealing with a limitation issue, if a practitioner is...

5th Jan

Limitation

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Senior Courts Costs Office guide updated—January 2021

Costs orders where a defendant accepts a Part 36 offer out of time (Pallett v MGN Ltd)

What does IP completion day mean for the status of EU law in the UK?

EU-UK post-Brexit trade deal approval process gets kick-start from EU governments

Featured PI & Clinical Negligence content

False imprisonment

Qualified one-way costs shifting (QOCS)

Pain, suffering and loss of amenity

Past loss of earnings

Most recent Limitation content

Popular documents

PRA Rulebook—introduction for the insurance and reinsurance sector

What is practical completion?

Negative pledges

Skeleton arguments

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