LIMITATION, PAIN AND ANGUISH: A GENTLE REMINDER ABOUT NEW YEAR'S RESOLUTIONS (1)

Most New Year’s resolutions last 24 days. In an effort to keep litigators on board for the whole of the year in relation to the Resolutions for Litigators for 2016  I am doing a series of short reminders about the essential points. Together with incentives.

RESOLUTION NUMBER 1: KNOW (DON’T GUESS) ABOUT THE LIMITATION PERIOD

THE RESOLUTION

“Litigators of all types must have a clear idea about the relevant limitation period in every case they handle. It is unwise to “guess”, certainty is required.

Similarly there are numerous cases where the client themselves have been woefully inaccurate about the date of an incident. I regularly see cases where clients are months (sometimes years) wrong in the date of an accident, for instance.

Don’t guess. Know without a shadow of doubt what the relevant limitation period is

INCENTIVES (FOR CLAIMANTS AND DEFENDANTS).

• Missing negligence claims remains one of the most common causes of negligence claims against solicitors.
• When a limitation period is missed in a contract claim there is (usually) no means of remedying the situation.
• Applications under Section 33 in personal injury claims are not guaranteed to succeed (often, but not always, costs are awarded against the claimant even if the application is successful).
• Missing a limitation period is expensive. It will cost you money, pain and anguish.
• It can be equally painful for a defendant if a solicitors continues to incur major costs investigating a claim after the limitation period has expired.

MATERIAL YOU MAY WANT TO READ

• Ten myths about limitation that every personal injury practitioner should know
• Limitation: the Essential Checklist
• Limitation: Essential Points before the Essential Checklist
• The date of knowledge and Section 33
• Limitation and the date of knowledge considered in the context of hearing loss.
• The accrual of the limitation period for loss of earnings
• The date of knowledge under section 14A of the Limitation Act 1980.
• Issuing contribution proceedings within the limitation period.
• Deliberate concealment by the defendant extends the limitation period.
• Section 14A of the Limitation Act 1980
• Limitation in a breach of contract claim.
• Amending pleadings: has the limitation period expired?
• Limitation: what’s the position when the defendants won’t tell you who they are?