Personal Injury Limitation Law

by Andrew Roy, Nina Ross

Overview

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

This title is included in Bloomsbury Professional's Personal Injury Law online service.

Product Details

ISBN-13:	9781526508607
Publisher:	Bloomsbury Academic
Publication date:	03/26/2020
Series:	Criminal Practice Series
Edition description:	Fourth Edition
Pages:	992
Product dimensions:	6.69(w) x 9.61(h) x 1.95(d)

About the Author

Andrew Roy KC (MA LLB) is a practising barrister at 12 King's Bench Walk. He was called in 2002 and took silk in 2023. He specializes in complex, sensitive and high value cases involving personal injury, costs, industrial disease, clinical negligence, professional negligence, limitation, and related areas. He also sits as a Deputy Costs Judge of the Senior Courts.

Table of Contents

1 Introduction and overview
2 History of policy (Limitation Acts 1623–1980)
2A Case summaries for Chapter 2 – History of policy (Limitation Acts 1623–1980)
3 The primary limitation period (ss 2, 5 and 11)
3A Case summaries for Chapter 3 – The primary limitation period (ss 2, 5 and 11)
4 The claimant's date of knowledge (s 14)
4A Case summaries for Chapter 4 – The claimant's date of knowledge (s 14)
5 Disability and concealment (ss 28 and 32)
5A Case summaries for Chapter 5 – Disability and concealment (ss 28 and 32)
6 Extension by agreement, waiver or estoppel
6A Case summaries for Chapter 6 – Extension by agreement, waiver or estoppel
7 Discretion to disapply limitation periods (s 33)
7A Case summaries for Chapter 7 – Discretion to disapply limitation periods (s 33)
8 Fatal cases (ss 11, 12 and 13)
8A Case summaries for Chapter 8 – Fatal cases (ss 11, 12 and 13)
9 Amendments and new claims
9A Case summaries for Chapter 9 – Amendments and new claims
10 Special time limits
10A Case summaries for Chapter 10 – Special time limits
11 Service of proceedings
12 Remedies for defective service
12A Case summaries for Chapter 11 – Service of proceedings and Chapter 12 – Remedies for defective service
13 Procedural matters
13A Case summaries for Chapter 13 – Procedural matters

Editorial 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

“Having just had a perusal of the new edition, and as a former author of the book, I wanted to let you know how delighted I am with both the new format and improved content. The authors are to be congratulated on producing the best edition of the book to date.” —Frank Burton QC

“This guide highlights the pitfalls – and goes on to clearly explain the limitation periods and service rules, thus ensuring that you never issue or serve proceedings outside the legal time limits.” —The Law Society Gazette

“What we need from this text is not a recital of information which could be found elsewhere, but exactly what Roy and Ross have given us: a concise account of the legislation and court rules relevant to each topic, along with their expert legal analysis, practical guidance and case summaries for those cases likely to be of key importance.” —The Law Society Gazette, Roisin O'Dubhlaoidh, solicitor at Royds Withy King, Bath

“Readers will find it comprehensive in scope, clear in its introduction of the key principles and diligent in its treatment of the case law.” —PI Brief Update Law Journal

From the Publisher