Limitation in PI & Clinical Negligence claims

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Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Limitation in PI & Clinical Negligence claims content

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...
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31st Jul
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...
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31st Jul
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...
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31st Jul
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Q&As
If a claimant is declared bankrupt while pursuing a personal injury claim does the limitation period stop running when declared bankrupt?The...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Practice notes
Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the...
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31st Jul
Practice notes
Limitation in noise-induced hearing loss claimsLimitation is almost always an issue in noise-induced hearing loss (NIHL) claims.The typical claimant...
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Produced in partnership with Sue Brown 31st Jul
Practice notes
Time limits under the Limitation Act 1980—personal injury claimsSTOP PRESS: This Practice Note is in the process of being updated with the Overseas...
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31st Jul
Practice notes
Date of knowledge—section 14 of the Limitation Act 1980Actual or constructiveDate of knowledge, defined by section 14 of the Limitation Act 1980 (LA...
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31st Jul
Practice notes
Dealing with a limitation issueAssessing the limitation dateOn instruction, limitation should be one of the first issues you consider. Although the...
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31st Jul
Practice notes
Specific time periods for different types of personal injury claimSTOP PRESS: This Practice Note is in the process of being updated with the Overseas...
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31st Jul
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...
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31st Jul
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
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...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 31st Jul
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...
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31st Jul
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...
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31st Jul

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