Personal Injury Limitation Law

Author:   Mr Andrew Roy ,  Nina Ross
Publisher:   Bloomsbury Publishing PLC
Edition:   4th edition
ISBN:  

9781526508607


Pages:   840
Publication Date:   30 January 2020
Format:   Paperback
Availability:   To order   Availability explained
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Personal Injury Limitation Law


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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

Full Product Details

Author:   Mr Andrew Roy ,  Nina Ross
Publisher:   Bloomsbury Publishing PLC
Imprint:   Bloomsbury Professional
Edition:   4th edition
ISBN:  

9781526508607


ISBN 10:   1526508605
Pages:   840
Publication Date:   30 January 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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 *


Author Information

Andrew Roy and Nina Ross are both barristers at 12 King's Bench Walk. They are personal injury specialists with extensive experience in limitation matters. Andrew Roy has a broad civil practice with particular expertise in personal injury, clinical negligence, industrial disease, professional negligence, costs, property damage limitation and related areas. Nina Ross acts for claimants and defendants in all aspects of personal injury law including abuse claims; international and travel claims; industrial disease; military claims; occupational stress; accidents resulting in chronic pain; road traffic accidents, employer's liability, occupier's liability, public liability, product liability, highways, defective premises and Animals Act claims.

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