Limitation

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Practice notes
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,...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Limitation content

Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering applicable law, jurisdiction and settlement. for guidance, see...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 18th Jan
Q&As
This Q&A neatly raises two scenarios that frequently arise in personal injury cases. First, cases in which, despite the three-year limitation period,...
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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11th Jan
Q&As
The limitation period will not stop running automatically, however, section 33 of the Limitation Act 1980 (LA 1980) provides for a discretion for a...
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Produced in partnership with David Green of 12 King's Bench Walk 8th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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Produced in partnership with Alex Rush of Stewarts Law 8th Jan
Practice notes
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...
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Produced in partnership with Sue Brown 8th Jan
Q&As
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...
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Produced in partnership with David Green of 12 King's Bench Walk 8th Jan
Q&As
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...
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5th Jan
Q&As
Limitation period for a deceased minor claimantAlthough time generally starts to run from the ordinary date of accrual (Bell v Peter Browne) there are...
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5th Jan
Q&As
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...
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5th Jan
Q&As
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...
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5th Jan

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