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Personal Injury Limitation Law

By: Andrew Roy, Nina Ross
Media of Personal Injury Limitation Law
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Published: 30-01-2020
Format: EPUB eBook (?)
Edition: 4th
Extent: 840
ISBN: 9781526508614
Imprint: Bloomsbury Professional
RRP: €151.07
Online price : €135.96
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About 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

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

Reviews

“warmly recommended to all personal injury lawyers who would prefer to avoid being sued for negligence” –  Journal of Personal Injury Litigation, Review of a previous edition

“practical and accessible...a valuable source of information and wisdom on this difficult subject” –  Medico-Legal Journal, Review of a previous edition

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