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Vol 25 No 2 Feb/March 2020

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Personal Injury Limitation Law 4th ed

ISBN13: 9781526508607
Previous Edition ISBN: 9781847669841
Published: January 2020
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £120.00

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Providing an exhaustive and systematic analysis of the law of limitation periods in personal injury claims, Personal Injury Limitation Law is the only text that deals specifically with this complex area of law.

Split into three Parts, Part 1 acts as a practical reference guide to all aspects of PI limitation law; Part 2 provides a wealth of case summaries, both reported and unreported; and Part 3 contains relevant legislation and rules.

Fully revised and updated taking account of the numerous developments since publication of the 3rd edition, in particular in relation to case law, this new 4th edition will include coverage of the following landmark cases explaining and analysing their impact on practice:

  • Collins v Secretary of State for Business, Innovation and Skills (Court of Appeal, 2014) - an asbestos-related lung cancer case of 'seminal importance in relation to long tail industrial disease claims'
  • Platt v BRB (Residuary) Ltd (Court of Appeal, 2014) - examination of constructive knowledge in the context of limitation in disease cases
  • RE v GE (2015) – consideration of the court's discretion, conferred by section 33 of the Limitation Act 1980, to order that the provisions of section 11 of the Limitation Act should not apply
  • Abela v Baadarani (Supreme Court, 2013) – highlights an important shift of emphasis away from the traditional approach to service out of the jurisdiction and considerations of national sovereignty, and towards a more practical and pragmatic approach.
  • Barton v Wright Hassall (Supreme Court, 2018) - a crucial judgment regarding whether litigants in person should be granted a special status in civil litigation.
  • Chief Constable of Greater Manchester v Carroll (Court of Appeal, 2017) - a review of the principles of s.33 of the Limitation Act in the context of an employer's liability claim brought by an undercover police officer against Greater Manchester Police.
  • Lewis v Ward Hadaway (2016) – dangers involved in understating the value of a claim and the issues surrounding the increase in fees.
Personal Injury Limitation Law offers the unique combination of key guidance and information, vital notes and summaries, plus all the relevant legislation and court rules in one user-friendly single source reference book.

Personal Injury Law
Part 1
1: History and policy
2: The primary limitation period
3: The claimant's date of knowledge
4: Disability and concealment
5: Discretion to disapply limitation periods
6: Fatal cases
7: Amendments/new claims in pending actions
8: Special time limits
9: Bringing and severing proceedings
10: Remedies under the CPR: extending time for service and dismissing claims

Part 2
Index to cases
Case summaries

Part 3
Index to Appendix