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Time limits in personal injury and clinical negligence claims—checklist

Time limits in personal injury and clinical negligence claims—checklist This Checklist outlines the general limitation periods for personal injury and clinical negligence claims together with details of the types of claim which have exceptions to the standard limitation periods. Under the Limitation Act 1980 (LA 1980) the standard limitation periods in personal injury and clinical negligence claims are: Type of claim Time limit Limitation runs from? Discretion to extend time? Further guidance Most personal injury and clinical negligence claims on behalf of an adult Three years—LA 1980, s 11(4) —the date on which the cause of action accrued, or—the date of knowledge (if later) of the person injured Yes —Time limits under the Limitation Act 1980—personal injury claims—Limitation in clinical negligence claims Occupational disease claim on behalf of an adult Three years—LA 1980, s 11(4) —the date on which the cause of action accrued, or—the date of knowledge (if later) of the person injuredFor the majority of disease cases (certainly those involving delayed onset of symptoms) the three-year limitation...

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Minutes of the CPR Committee meeting of 2 March 2018 [Archived]

Minutes of the CPR Committee meeting of 2 March 2018 [Archived] ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note contains the agenda and minutes of the CPR Committee (CPRC) meeting of 2 March 2018 together with supporting documentation. At the meeting, the committee’s discussions included the ongoing further amendments to CPR 45 and 36 (Gastric illness claims) in relation to Package travel claims, a proposed extension of the Insolvency Express Trials Pilot and the PD 51O pilot for a further two years, a case officer developments update, setting up a working group to look at historical abuse, a Debt Pre-Action Protocol request on the Full Standard Financial statement, the issue of service by email and the increase in...

Minutes of the CPR Committee meeting of 1 December 2017 [Archived]

Minutes of the CPR Committee meeting of 1 December 2017 [Archived] ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note contains the agenda and minutes of the CPR Committee (CPRC) meeting of 1 December 2017 together with supporting documentation. At the meeting, the committee’s discussions included the timing of obtaining transcripts of judgments, amendments to the practice direction—Civil Recovery Proceeding, transfer of cases from the Magistrates’ to High Court requiring amendment to CPR PD 8A to implement the Magistrates’ Courts (Detention and Forfeiture of Terrorist Assets) Rules 2017, the proposal to extend the Public Liability fixed recoverable costs (FRC) regime to package holiday gastric illness claims, a proposed Historic Abuse Claims Digital Working Pilot—Practice...

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Particulars of claim for an accident which occurred while on a boating excursion abroad

Particulars of claim for an accident which occurred while on a boating excursion abroad In the County Court at [insert] Claim No. [insert number] Between A        Claimant and B        Defendant _____________________ Particulars of claim _____________________ 1 At all material times the Defendant carried on business as a tour operator supplying package holidays and excursions to consumers. 2 On a date now unknown to him the Claimant booked a package holiday in Bulgaria with the Defendant. 3 At a welcome meeting held shortly after they arrived at the hotel the Defendant’s representative offered holidaymakers the option of booking a number of excursions, including a boat party, which was to take place on 3 August 2014. 4 The party duly booked four excursions, including the boat trip, and paid the Defendant’s representative for them. 5 At no point did any person suggest to the Claimant that the said excursion was to be provided by any entity other than the Defendant. 6 As a result of the matters pleaded...

Letter of claim—gastric illness contracted during package holiday

Letter of claim—gastric illness contracted during package holiday To [Defendant] Dear [insert name of organisation] Defendant's Booking Reference: Claimant's full name and address: Dates of Holiday: Name of Hotel/Resort and board basis: Room number: We are instructed by our above-named client to claim damages arising from gastric illness contracted whilst on holiday at the above-named hotel/resort. The circumstances giving rise to the claim are as follows: [Clear summary of the facts to include: • the nature of the illness, the symptoms, the date of onset and duration of the symptoms • whether the enjoyment of any amenities (eg leisure pools, dining, entertainment, tours/excursions) were denied or compromised • whether any other person who travelled on the same booking reference also fell ill] The reasons why we are alleging fault are: • [set out the alleged cause of the illness and why the Defendant is alleged to be liable] [Further information to include:] • [whether the claimant went on any excursions and ate or drank outside of the resort,...

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What are the recent cases affecting the tourism sector under the Equality Act 2010?

What are the recent cases affecting the tourism sector under the Equality Act 2010? Introduction Janice Campbell suffered from arthritis and had difficulties walking and standing, as well as having a tendency to suffer from migraines. She bought a package holiday in Tunisia from Thomas Cook in 2011. She brought two separate claims against Thomas Cook for failures to make reasonable adjustments under section 29 of the Equality Act 2010. The first case In the first case, she claimed Thomas Cook had failed to make reasonable adjustments when she was waiting to fly home from Tunisia following disruption. Mrs Campbell was transported to Monastir Airport to catch a flight back to the UK on 15 January 2011, but was not provided with any seating or wheelchair facilities whilst she waited for four hours, only to find that no flight was available and she had to return to her hotel. The standing and waiting caused her to suffer from a migraine which led to vomiting and extreme discomfort...

What happens where a person dies abroad and the family wishes the body to be repatriated, but there are travel restrictions due to coronavirus (COVID-19)?

What happens where a person dies abroad and the family wishes the body to be repatriated, but there are travel restrictions due to coronavirus (COVID-19)? Where a person resident in the UK dies abroad, the British Consulate in the jurisdiction will usually liaise with the next of kin if they have been informed of the death by the local authorities. However, the next of kin may be informed beforehand, if they were with the deceased or if the deceased was part of a package holiday tour or similar and had provided details to the next of kin. In such circumstances, government guidance states that the next of kin should contact the Foreign and Commonwealth Office who will liaise with the Consulate in the relevant jurisdiction. The death needs to be registered abroad in accordance with local laws and a death certificate obtained. The death can also be registered with the Consulate, who can then make arrangements for the death to be registered in the UK in addition. The Consulate will...

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ASA rulings—2 October 2024

One complaint was received by the Advertising Standards Authority (ASA) regarding a national press ad for Mercury Holidays, challenging whether it misleadingly described that a free week was included in the holiday package. The ASA upheld the complaint.

Recovery of improper payments and unlawful dividends from directors of insolvent company (Manolete Partners v Mohammed)

Restructuring & Insolvency analysis: The court accepted in relation to various payments made by the company that the interests of creditors were engaged at an early stage; the company’s apparent solvency was dependent on the inclusion in its accounts of several debts which were either illusory or irrecoverable. The consequential adjustment to the accounts had the effect of rendering the dividend payments unlawful as the accounts were not statute-compliant and there were no distributable profits. The court further accepted the submission that it was for the directors, as fiduciaries with an obligation to account, to establish the validity of each of the impugned transactions, not for the claimant to prove that they were unlawful. Finally, the court considered but rejected the defendant directors’ limitation defences, including the related issue of the attribution to the company of the directors’ knowledge of their own wrongdoing. Written by Bridget Williamson, barrister at Enterprise Chambers.