Disapplying the Limitation Act

Two recent cases focus on the court’s discretion to disapply the Limitation Act 1980 and allow a claim to proceed that would otherwise be time barred.

A claim for compensation for personal injury negligently caused is subject to the act. The general rule is that the ‘limitation period’ for compensation claims relating to injury is three years. Subject to some caveats, the limitation period is the time within which a claimant or their representative (for example a parent of a negligently injured child) may start a legal claim for compensation.

If a claimant does not issue court proceedings within the limitation period then, subject to the discretion of the court to disapply the limitation period, the opportunity to claim compensation is lost forever…

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