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Chapter 8 - Reports in Personal Injury Cases

Published online by Cambridge University Press:  22 January 2021

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Summary

In England and Wales, there is a three-year limitation period in most personal injury actions. In some HCA cases, and in professional negligence cases, it is six years. This is the period during which the claim must be brought. It begins in theory when the cause of action (i.e. the index incident) occurred. In HCA and clinical negligence cases, it begins when the claimant has the relevant ‘knowledge’: (1) that the injury was significant (whether a reasonable person with the claimant’s knowledge would have considered the injury sufficiently serious to justify suing a defendant who did not deny liability and had the means to pay, an objective test for which the impact of the claimant’s injuries on his ability to issue proceedings is not a relevant consideration (A v. Hoare [2008] UKHL 6); (2) that the injury is attributable in whole or part to the act or omission which constitutes the alleged negligence or breach of duty; and (3) the identity of the defendant.

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Publisher: Cambridge University Press
Print publication year: 2020

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References

Further Reading

Buchan, A. (gen. ed) (2019) Lewis and Buchan: Clinical Negligence. A Practical Guide, 8th edn (Bloomsbury Professional).Google Scholar
Handford, P. (2006) Mullany and Handford’s Tort Liability for Psychiatric Damage, 2nd edn (Lawbook Co).Google Scholar
Marshall, D., Kennedy, J. and Azib, R. (2012) Litigating Psychiatric Injury Claims (Bloomsbury Professional).Google Scholar
Powers, M. and Barton, A. (2015) Clinical Negligence, 5th edn (Bloomsbury Professional).Google Scholar

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