Limitation

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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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26th Oct
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
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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2nd Oct
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 1st Oct
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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26th Sep
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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26th Sep
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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26th Sep
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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26th Sep
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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26th Sep
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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26th Sep
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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26th Sep
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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25th Sep
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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25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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25th Sep

Most recent Limitation content

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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25th Sep
Practice notes
Persons under a disabilityClaimants under a disabilityA claimant under a disability is someone who is either:•under 18 years of age, or•of unsound...
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25th Sep
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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25th Sep
Practice notes
Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression...
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25th Sep
Practice notes
Assessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the general rule is relatively...
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25th Sep
Precedents
1 The Defence herein is subject to the Defendant’s case that the 3 year limitation period expired prior to the issue of these...
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26th Sep
Precedents
1 The Claimant’s cause of action and his date of knowledge were acquired more than three years prior to the commencement of this action....
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26th Sep
Precedents
[In the COUNTY COURT AT [insert] OR In the High Court of Justice] [[Specify division]] [[Insert location] District...
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26th Sep
Precedents
1 On application of the provisions of sections 11 and 14 of the Limitation Act 1980, the Claimant’s cause of action arose within...
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26th Sep
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
Read More >
26th Sep
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...
Read More >
26th Sep
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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26th Sep
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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26th Sep
Q&As
Under section 24(1) of the Limitation Act 1980 (LA 1980), an action shall not be brought upon any judgment after the expiration of six years from the...
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28th Sep
Q&As
The limitation period for a Data Protection Act 1998 or misuse of private information compensation claim which includes a claim in respect of...
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Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep
Q&As
The system for handling low value personal injury cases was introduced for motor claims on 30 April 2010. Its aim was to introduce a streamlined...
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28th Sep
Q&As
Limitation in noise induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...
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28th Sep
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 28th Sep
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 28th Sep

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