Rank: Guest 
|
Posted By Stupendous Man
I am currently reviewing an old claim file and would appreciate comments and observations from fellow professionals.
Under limitation, a minor is entitled to make a civil claim up to three years after reaching the age of majority. However, if a litigation friend (parent in this case) makes a claim while the claimant is still under the age of majority, does the 'majority + 3 year rule still apply?
|
|
|
|
|
|
Rank: Guest
|
Posted By Frank Hallett
I'm sure that others will be able to give Chapter & Verse Stupendous - but I believe that, except where explicitly proscribed in a relevant piece of legislation, it's actually 3 years from the date that the claimant or their legal guardians had cause to know that they had something against which to claim. This then enables claims for CoSHH, Noise, Vibration, Radiation [all types] and of course asbestos where the "damage" that must be proven for a successful Civil Claim only arises substantially later than the actual exposure.
Frank Hallett
Frank Hallett
|
|
|
|
|
|
Rank: Guest
|
Posted By Jack
As Frank says, for personal injury claims (England and Wales – it may be different in Scotland) the 3 year period does not start until the date on which the claimant knows the identity of the defendant and knows that the injury in question was significant and was attributable to negligence.
For children the clock does not start running until the potential claimant reaches the age of 18 years.
As far as I know it does not matter if a claim has already been made eg by parent, but happy to be corrected.
The courts have some discretion in extending the time limits, but rare.
|
|
|
|
|
|
Rank: Guest
|
Posted By Arran Linton - Smith
SM,
The objective of the legal process of laches is to prevent, neglect from unreasonable delay in enforcing an equitable right.
In your case is could well be reasonable for the judge to strike out a case where the parents have not met the three year period of time limitation, however this would not prevent the minor from pursuing their own claim when they reach the age of majority.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.