Limitation in PI & Clinical Negligence claims

Time limits under the Limitation Act 1980

Under section 11 of the Limitation Act 1980 (LA 1980), the time limit for the vast majority of personal injury claims is three years from:

1. •

   the date on which the cause of action accrued, or

2. •

   the date of knowledge (if later) of the person injured

NOTE: Practitioners should be alive to those personal injury claims to which LA 1980, s 11(4) does not apply.

LA 1980, s 14(1) provides the definition of the ‘date of knowledge’ as the date on which a claimant first knew (or could reasonably have been expected to know):

1. •

   that the injury in question was significant

2. •

   that the injury was wholly or partly attributable to an act or failing on the defendant’s part

3. •

   the defendant’s identity, and

4. •

   if it is alleged that the injury was caused by someone other than the defendant, the identity of that person and any relevant additional facts

For further details, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims.

Specific time periods for