Overview

"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, and confer 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 limitation period, and it provides a full analysis of the principles applied to the Courts' exercise of discretion when considering whether to ""disapply"" the limitation period. Michael Jones is the author of ""Textbook on Torts"", ""Medical Negligence"" and co-author of ""Blackstone's Statutes on Medical Law""."

Full Product Details

Author:   Professor Michael A. Jones
Publisher:   Oxford University Press
Imprint:   Blackstone Press Ltd
ISBN:  

9781854312860

ISBN 10:   1854312863
Pages:   334
Publication Date:   01 November 2001
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"Part 1 Introduction: rationale for limitation periods - history; outline of the legislation; meaning of ""personal injuries"" - loss of the chance to obtain compensation for personal injuries, ""wrongful birth"" actions, breach of contract, can the plaintiff choose?; which cause of action?; burden of proof; pleading the limitation issue - late pleas of limitation; repeal of earlier legislation. Part 2 The primary limitation period: the three-year period; accrual of the cause of action - trivial damage, progressive or cumulative damage, damage accruing after the issue of the writ; the plaintiff's date of knowledge - meaning of ""knowledge"", section 14(1)(a) - that the injury in question was significant, section 14(1)(b) - that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty, section 14(1)(c) - the identity of the defendant, section 14(1)(d) - if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant, ignorance of the law; constructive knowledge - facts observable or ascertainable by the plaintiff, plaintiff fails to seek expert advice, the proviso to section 14(3) - errors by the experts; stopping the running of time - issuing the writ - which court?, serving the writ; extending the validity of the writ of service - when must the application be made?, the grounds for extending the validity of the writ, ""good reason""; procedural issues. Part 3 The court's discretion. Part 4 Fatal accidents. Part 5 Specific issues. Part 6 Dismissal for want of prosecution. Appendices: extracts from statutes; extracts from rules of the Supreme Court. (Part contents)"

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