Limitation
Time, the running of it, and how it applies to cases involving personal injury and death, is governed by the Limitation Act 1980 and by its amendments. It is a very complex area of law about which many books have been written, and its an area of law about which there is a great deal of uncertainty. It is not possible to say when someone is 'out of time' for definite, because the court has discretion to decide otherwise.
Broad principles however do apply and they operate in a similar way. The precise limits are set out below, but must not be relied upon - they are a guide only and the matter should be referred to us to advise. The precise time can be affected by something called 'date of knowledge' - so if you are unaware of damage then the time limit does not begin to run until you do find out or ought to realise. eg if you are exposed to asbestos tomorrow but don't suffer any effects until 20 years later, your time limit will likely be found to begin 20 years from now.
Contract disputes or debt - 6 years
Personal Injury and death - 3 years
Holiday Claims - 2 years
Children are affected by the above but the limits only start to run from their eighteenth birthday. 'Patients' ; that is , people who are deemed unable to run their own affairs don't have their time limit started.
The best way to find out is by ringing us. We are expert in finding ways around limitation - particularly in disease and deafness cases.
Call Nick Battye now on 0800 0923422
Nick Battye, May 2007