Limitation

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU has significant implications for practitioners considering applicable law and jurisdiction issues. For...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 7th May

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?

Limitation in noise-induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...

27th Apr

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...

21st Apr

Practice notes

Limitation in noise-induced hearing loss claims

Limitation is almost always an issue in noise-induced hearing loss (NIHL) claims. The typical claimant is someone who was exposed to noise at work...

Produced in partnership with Sue Brown 15th Apr

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...

9th Apr

Practice notes

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

Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while...

9th Apr

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 9th Apr

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...

19th Mar

Practice notes

Date of knowledge—section 14 of the Limitation Act 1980

Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression...

18th Mar

Practice notes

Dealing with a limitation issue

Assessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the general rule is relatively...

18th Mar

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...

18th Mar

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...

4th Mar

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...

4th Mar

Q&As

Does a claim no longer continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents if it is issued due to limitation?

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...

3rd Mar

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 9th Feb

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...

9th Feb

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...

9th Feb

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...

9th Feb

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 9th Feb

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 9th Feb

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