ACCIDENTS ABROAD AND THE FOREIGN LIMITATION PERIODS ACT: AVOIDING NEGLIGENCE CLAIMS 5

ACCIDENTS ABROAD AND THE FOREIGN LIMITATION PERIODS ACT: AVOIDING NEGLIGENCE CLAIMS 5

  It is easy to assume that every jurisdiction has a limitation period of three years. However when an accident happens abroad the Foreign Limitation Periods Act 1984 provides that the relevant limitation period is the period that prevails in…

TROUBLE AT SEA: LIMITATION PERIODS AND WATER TRAVEL: AVOIDING NEGLIGENCE  4

TROUBLE AT SEA: LIMITATION PERIODS AND WATER TRAVEL: AVOIDING NEGLIGENCE 4

We continue the examination of limitation periods that are not necessarily three years. Accidents that happen at sea, or on water generally, can be subject to different limitation periods and, normally, a two year limitation period applies. TWO YEAR PERIODS…

DO YOU NEED LETTERS OF ADMINISTRATION TO ISSUE ON BEHALF OF AN ESTATE?

A recent e-mail enquiry has led to my considering the issue of the right to issue proceedings on behalf of the estate of someone who died intestate.   The solicitor wanted to bring an action for personal injury on behalf of…

AVIATION AND LIMITATION: 10 QUESTIONS EVERY PERSONAL INJURY LITIGATOR SHOULD ASK

A tweet  on the 8th October 2013 read:  “PI Claim struck out because Montreal Convention pleaded instead of Warsaw Convention.” (The case in question is reported in detail by Jasmine Murphy on the Hardwicke Chambers website.) This reiterates the points…

THE DANGERS OF WITHOUT NOTICE APPLICATIONS: THE WHOLE TRUTH IS THE ONLY OPTION

Since the advent of CPR 3.3 and  CPR 23.8 and 9 there appears to have been a growth in the number of applications made without notice.  Two recent cases highlight the very onerous duty on a party making such an…

APPLYING TO SET ASIDE WITHOUT NOTICE ORDERS: BE QUICK: BE VERY QUICK

This post looks at the power the courts have to make costs orders when making an order of its own motion or without notice to one party.  A party attempting to challenge or vary such an order must act promptly….