Personal Injury Limitation Law: Third Edition

ISBN-13: 9781847669841 / Angielski / Miękka / 2013 / 890 str.

Frank Burton

Opis

This book is a practical reference guide to all aspects of personal injury (PI) limitation law in the UK, providing a wealth of case summaries - both reported and unreported - and contains relevant UK legislation and rules. The principle Act governing this area of law is the UK's Limitation Act 1980. This third edition reflects changes since the previous edition, including changes in relation to section 14 of the Limitation Act 1980 with greater levels of objectivity placed on the claimant's knowledge of the time limits, and on section 33 of the Act on the discretion to disapply the limitation period. The book deals with the practical implication of these key changes and includes cases relating to these areas, including the following principal cases which have recently been heard and judgment passed by either the Court of Appeal or the House of Lords: Haward v Fawcetts, MoD v AB, A v Hoare, Young v Western Power Distribution, McDonnell v Congregation of Christian Brothers Trustees, Whiston v London Strategic Health Authority, B v Nugent Care, and Cain v Francis.

Spis treści

Part 1: 1 History and policy (Limitation Acts 1623–1980); 2 The primary limitation period (sections 2, 5 and 11); 3 The claimant’s date of knowledge (section 14); 4 Disability and concealment (sections 28 and 32); 5 Discretion to disapply limitation periods (section 33); 6 Fatal cases (sections 11, 12 and 13); 7 Amendments/new claims in pending actions (section 35); 8 Special time limits (section 39, CICB, MIB); 9 Bringing and serving proceedings; 10 Remedies under the CPR: extending time for service and dismissing claims; Part 2: Index to cases; Case summaries; Appendix: Index to Appendix; Statutes.