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PI Brief Update

Bringing Proceedings in Time - Andrew Roy, 12 King’s Bench Walk

12/11/12. It is a truth almost universally acknowledged amongst personal injury practitioners that to avoid a potential limitation defence proceedings must be brought with the relevant period (in most cases 3 years from the date of the accrual of the cause of action or date of knowledge, whichever is later).  This has always been a slightly tricky area, but strong anecdotal evidence suggests that it is causing increasing angst as court resources become more stretched and bulk issue centres and the like become more frequent.  The days of being able to walk up to the counter of the local court and have the claim form issued there and then are long gone in most areas.

This (relatively) short and (hopefully) practical article deals with the mechanics of bringing proceedings in time from a given starting date (questions of date of knowledge under s14 Limitation Act 1980 are to beyond its scope).

Image ©iStockphoto.com/DNY59

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.