LIMITATION MYTHS 10: THE FINAL COUNTDOWN: 9 MYTHS BUSTED AND SOME HELPFUL POINTS
The idea of this series is to be a short, sharp “shock”, just to ensure key issues of limitation are lodged – somewhere – in the busy practitioner’s mind. Here, in the final post in the series, I try to hone these points down even more.
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 POINTS
The helpful observations from Julian Chamberlayne on several points relating to travel law and limitation definitely added to this series.