Discover essential insights and comprehensive analysis on the intricacies of limitation periods, crucial for navigating PI and clinical negligence cases. Equip yourself with practical guidance to ensure timely actions and safeguard your clients' claims. Your go-to resource for staying abreast of critical deadlines and mitigating risks in your practice.
PI & Clinical Negligence analysis: The Court of Appeal held that Article 3(1) of Directive 2009/104/EC was capable of direct effect and could confer...
The Supreme Court has unanimously held in A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of...
Dispute Resolution analysis: The Technology and Construction Court reaffirmed the strict requirements governing service of claim forms by email and...
The Civil Procedure Rule Committee (CPRC) held its annual open meeting in central Birmingham , marking the first meeting outside London in the...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Time limits under the Limitation Act 1980—personal injury claimsThis Practice Note considers the Limitation Act 1980 (LA 1980) and sets out the time limits within which claimants are entitled to bring various claims. In general terms, any claim that is brought after the expiry of the applicable time
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The power to disapply the primary limitation periodWhen dealing with personal injury claims that fall within LA 1980, s 11, the court has a discretion to disapply the primary limitation period even though a claim has not
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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