Limitation Act 1980: Delays in asbestos claims

9 Gough Square (Chambers of Andrew Ritchie QC) | Personal Injury Law Journal | July/August 2016 #147
Laura Elfield examines the decisions in cases outside the primary limitation period ‘Limitation will only commence once a cause of action has accrued – namely breach of duty and damage that is more than trivial. The date of exposure, on its own, is therefore not the important date for the purposes of limitation but rather …

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Case Report: Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | July/August 2014 #127
Limitation; calibrating pre-knowledge prejudice ‘Although there might be little argument with the result of the appeal itself, in this writer’s respectful opinion there are difficulties with this judgment.’ The time limit for bringing a claim for personal injury is three years from when the cause of action accrues (s11 Limitation Act 1980) or, if later, …

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Case Report: Sayers v Chelwood & anor [2012] EWCA Civ 1715

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2013 #113
Limitation; discretion; burden of proof It should not be necessary for judges in the county court to engage in textual analysis of a series of appellate decisions in order to discern whether a claimant relying on s33 had a ‘burden’ or a ‘heavy burden’ to discharge. This case helpfully provides a final answer to the …

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