Limitation

Practice notes

Extending the limitation period in clinical negligence claims

Extending the limitation period in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on...

8th Sep

Practice notes

Limitation in clinical negligence claims

Limitation in clinical negligence claimsCoronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on 8 June 2021) has...

Produced in partnership with Alex Rush of Stewarts Law 23rd Aug

Practice notes

Foreign Limitation Periods Act 1984

Foreign Limitation Periods Act 1984The general principleThe fundamental rule underpinning the Foreign Limitation Periods Act 1984 (FLPA 1984) is that...

19th Aug

Q&As

Is there a limitation period for the enforcement of a judgment and if so, what is it?

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...

18th Aug

Practice notes

Specific time periods for different types of personal injury claim

Specific time periods for different types of personal injury claimThe Limitation Act 1980 is referred to as LA 1980.Accidents abroadPursuant to the...

18th Aug

Practice notes

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

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...

17th Aug

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

17th Aug

Practice notes

Dealing with a limitation issue

Dealing with a limitation issueAssessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the...

15th Aug

Practice notes

Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980

Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the...

15th Aug

Practice notes

Limitation in noise-induced hearing loss claims

Limitation in noise-induced hearing loss claimsLimitation is almost always an issue in noise-induced hearing loss (NIHL) claims.The typical claimant...

Produced in partnership with Sue Brown 15th Aug

Practice notes

Date of knowledge—section 14 of the Limitation Act 1980

Date of knowledge—section 14 of the Limitation Act 1980Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA...

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 before the trial the defendants conceded limitation?

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...

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 date of knowledge?

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...

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 or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?

If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years...

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 suffered over France.

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...

15th Aug

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?

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...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 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?

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...

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 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?

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...

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 birthday or the date of death?

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...

15th Aug

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?

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...

15th Aug

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

PI & Clinical Negligence weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Featured PI & Clinical Negligence content

False imprisonment

Pain, suffering and loss of amenity

Past loss of earnings

Interest on general damages, special damages and judgment debt

Most recent Limitation content

Popular documents

Liquidated damages in construction contracts

Forming enforceable contracts—consideration

The Financial Assistance Scheme—what are the available benefits?

Amending the articles of association

Contact Us

Popular Links

Policies

Follow us