Limitation Periods in Personal Injury Actions
Author | : Michael A. Jones |
Publisher | : Gaunt |
Total Pages | : 305 |
Release | : 1995 |
ISBN-10 | : 1854312863 |
ISBN-13 | : 9781854312860 |
Rating | : 4/5 (860 Downloads) |
Download or read book Limitation Periods in Personal Injury Actions written by Michael A. Jones and published by Gaunt. This book was released on 1995 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every practitioner who conducts personal injury litigation will come across cases involving a limitation problem. Actions in respect of personal injuries or death are subject to special rules on limitation periods, which may postpone the date on which the three-year-period starts to run, andconfer a discretion on the court to allow an action to proceed notwithstanding the expiry of the limitation period. The effect of this discretion is that it is always open to a plaintiff, even with a very stale claim, to argue that his action should be permitted. This book provides the practitioner with a comprehensive account of the law on limitation periods in personal injury actions. In particular, it discusses in detail the court's approach to determining a plaintiff's date of knowledge, which is the crucial factor in the commencement of the limitationperiod, and it provides a full analysis of the principles applied to the Courts' exercise of discretion when considering whether to "disapply" the limitation period.