Limitation

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Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

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,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

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...

26th Sep

Practice notes

Collateral benefits and double recovery

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...

26th Sep

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...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

26th Sep

Practice notes

Provisional damages

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...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

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...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

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...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Limitation content

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...

25th Sep

Practice notes

Limitation periods for persons under a disability and claims involving deliberate or mistaken concealment of facts

Persons under a disabilityClaimants under a disabilityA claimant under a disability is someone who is either:•under 18 years of age, or•of unsound...

25th Sep

Practice notes

Limitation in Noise Induced Hearing Loss claims

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...

25th Sep

Practice notes

Date of knowledge—section 14 of 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...

25th Sep

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...

25th Sep

Precedents

Limitation—clauses for defence

1 The Defence herein is subject to the Defendant’s case that the 3 year limitation period expired prior to the issue of these...

26th Sep

Precedents

Limitation Clause—exercise of discretion under section 33 of the Limitation Act 1980

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....

26th Sep

Precedents

Reply to defence—limitation

[In the COUNTY COURT AT [insert] OR In the High Court of Justice] [[Specify division]] [[Insert location] District...

26th Sep

Precedents

Limitation clause—late onset of symptoms

1 On application of the provisions of sections 11 and 14 of the Limitation Act 1980, the Claimant’s cause of action arose within...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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 action shall not be brought upon any judgment after the expiration of six years from the...

28th Sep

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...

28th Sep

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 28th Sep

Q&As

Does a claim no longer continue under the pre-action protocol for low value road traffic accident claims 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...

28th Sep

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:...

28th Sep

Q&As

What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?

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...

Produced in partnership with David Green of 12 King's Bench Walk 28th Sep

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 two scenarios that frequently arise in personal injury cases. First, cases in which, despite the three-year limitation period,...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep