Personal Injury Limitation Law

By: Andrew Roy and Nina Ross
ISBN: 9781526508607

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About Personal Injury Limitation Law

Providing an exhaustive and systematic analysis of the law of limitation periods in personal injury claims, this is the only text that deals specifically with this complex area of law. Split into three Parts, Part 1 acts as a practical reference guide to all aspects of PI limitation law; Part 2 provides a wealth of case summaries, both reported and unreported; and Part 3 contains relevant legislation and rules. Fully... Read more

About Personal Injury Limitation Law

Providing an exhaustive and systematic analysis of the law of limitation periods in personal injury claims, this is the only text that deals specifically with this complex area of law.

Split into three Parts, Part 1 acts as a practical reference guide to all aspects of PI limitation law; Part 2 provides a wealth of case summaries, both reported and unreported; and Part 3 contains relevant legislation and rules.

Fully revised and updated taking account of the numerous developments since the previous edition, it includes coverage of the following landmark cases explaining and analysing their impact on practice:

· Collins v Secretary of State for Business, Innovation and Skills (Court of Appeal, 2014) an asbestos-related lung cancer case of ‘seminal importance in relation to long tail industrial disease claims’
· Platt v BRB (Residuary) Ltd (Court of Appeal, 2014)examination of constructive knowledge in the context of limitation in disease cases
· RE v GE (2015) – consideration of the court’s discretion, conferred by section 33 of the Limitation Act 1980, to order that the provisions of section 11 of the Limitation Act should not apply
· Abela v Baadarani (Supreme Court, 2013) – highlights an important shift of emphasis away from the traditional approach to service out of the jurisdiction and considerations of national sovereignty, and towards a more practical and pragmatic approach.
· Barton v Wright Hassall (Supreme Court, 2018) – a crucial judgment regarding whether litigants in person should be granted a special status in civil litigation.
· Chief Constable of Greater Manchester v Carroll (Court of Appeal, 2017) – a review of the principles of s.33 of the Limitation Act in the context of an employer’s liability claim brought by an undercover police officer against Greater Manchester Police.
· Lewis v Ward Hadaway (2016) – dangers involved in understating the value of a claim and the issues surrounding the increase in fees.

This book offers the unique combination of key guidance and information, vital notes and summaries, plus all the relevant legislation and court rules in one user-friendly single source reference book.

Table of Contents

1 Introduction and overview
2 History of policy (Limitation Acts 1623–1980)
3 The primary limitation period (ss2, 5 and 11)
4 The claimant’s date of knowledge (s14)
5 Disability and concealment (ss28, 32)
6 Extension by agreement, waiver or estoppel
7 Discretion to disapply limitation periods (s33)
8 Fatal cases (ss11, 12 and 13)
9 Amendments and new claims (s35)
10 Special time limits
11 Service of proceedings
12 Remedies for defective service
13 Procedural matters
Appendix – Statutory Materials

Publishing Details

Publication Date: 10/10/2019
ISBN: 9781526508607
Binding: Paperback
Edition: 4

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