FIFTH BIRTHDAY REVIEW 8: MYTHS ABOUT LIMITATION

This was a series in 2017. Looking at common “myths” or misconceptions in relation to limitation issues, particularly in personal injury cases.

 

 

MYTHUSTING 1

The limitation period for a personal injury action based on breach of contract is 3 years not  6.

MYTHBUSTING 2

The limitation period for assault is not 6 years.

 

MYTHBUSTING 3

The date of issue for limitation periods is not the date on the claim form.

MYTHBUSTING 4

Just know that the rules concerning air travel (including balloon travel) and airports are very different , otherwise you could be spitting fire.

MYTHBUSTING 5

If you don’t know that different limitation periods apply to accidents on or around water then your case could be sunk.

MYTHBUSTING 6

You may be able to issue proceedings in this country following an accident, but a different limitation period may apply.

 

MYTHBUSTING 7

Section 33 of the Limitation Act 1980 does not require an “exceptional indulgence” from the court.

MYTHBUSTING 8

 

The limitation period for a child does not always start on their 18th birthday

MYTHBUSTING 9

Disability does not necessarily suspend the limitation period.

 

HELPFUL OBSERVATIONS ON THE SERIES

The helpful observations from Julian Chamberlayne on several points relating to travel law and limitation definitely added to this series.