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Personal Injury Limitation Law

Authors: Andrew Roy and Nina Ross

ISBN: 9781526508607

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Edition: 4th

Publication Date: 2020

Publisher: Bloomsbury Professional

Law As Stated At: 1 January 2020

Personal Injury Limitation Law

Personal Injury Limitation Law

How can you avoid the common pitfalls when navigating the complexities of personal injury limitation periods?

This is a guide to the law of limitation periods in personal injury actions. Pitfalls and problems are highlighted and the limitation periods and service rules are clearly explained, ensuring that you never issue or serve proceedings outside the legal time limits. Each chapter is supplemented by summaries of the key cases for that topic and Part 2 contains all the relevant legislation.

New coverage includes 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 in the context of a sexual abuse case

- 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