Limitation in personal injury claims

Limitation in personal injury claims guidance:

Actual or constructive Date of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression because it can arise...

Practice Note

Assessing the limitation date On instruction, limitation should be one of the first issues you consider. Although the general rule is relatively straightforward (a...

Practice Note

Section 33(1) of the Limitation Act 1980 (LA 1980) allows the court to extend the three-year limitation period under LA 1980, s 11, if it is equitable to do so, having...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering: • which applicable law to apply—for more...

Practice Note

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. In the circumstances, should the...

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 three years prior to the commencement of...

Precedents

Limitation generally Section 2 of the Limitation Act 1980 (LA 1980) provides a general rule that an action founded on tort shall not be brought after expiry of six years...

Practice Note

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 before they approached a...

Practice Note

Persons under a disability Claimants under a disability A claimant under a disability is someone who is either: • under 18 years of age, or • of unsound mind as defined...

Practice Note

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

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

The Limitation Act 1980 is referred to as LA 1980. Accidents abroad Pursuant to the Foreign Limitation Periods Act 1984, where a court in England or Wales is applying the...

Practice Note

The Limitation Act 1980 is referred to as LA 1980. The power to disapply the primary limitation period When dealing with personal injury claims that fall within LA 1980,...

Practice Note

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 types. In general...

Practice Note