Limitation

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Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Limitation content

Practice notes
Extending the limitation period in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on...
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8th Sep
Practice notes
Limitation in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on 8 June 2021) has...
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Produced in partnership with Alex Rush of Stewarts Law 23rd Aug
Practice notes
Foreign Limitation Periods Act 1984The general principleThe fundamental rule underpinning the Foreign Limitation Periods Act 1984 (FLPA 1984) is that...
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19th Aug
Q&As
Is there a limitation period for the enforcement of a judgment and if so, what is it?Under section 24(1) of the Limitation Act 1980 (LA 1980), an...
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18th Aug
Practice notes
Specific time periods for different types of personal injury claimThe Limitation Act 1980 is referred to as LA 1980.Accidents abroadPursuant to the...
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18th Aug
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The power to disapply the primary limitation periodWhen dealing with...
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17th Aug
Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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17th Aug
Practice notes
Dealing with a limitation issueAssessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the...
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15th Aug
Practice notes
Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the...
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15th Aug
Practice notes
Limitation in noise-induced hearing loss claimsLimitation is almost always an issue in noise-induced hearing loss (NIHL) claims.The typical claimant...
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Produced in partnership with Sue Brown 15th Aug
Practice notes
Date of knowledge—section 14 of the Limitation Act 1980Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA...
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15th Aug
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...
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15th Aug
Q&As
What is the authority for the proposition that knowledge of the presence of tinnitus in the absence of knowledge of hearing loss will not trigger a...
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15th Aug
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Aug
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...
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15th Aug
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Aug
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...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 15th Aug
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...
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15th Aug

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