Derby no win no fee claim

McIntosh Fleming Solicitors, specialise in Derby no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

Limitation

Under S11 of the Limitation Act 1980 an action  cannot be brought after the expiration of three years from (a)  the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the person injured.

In respect of children a action may be brought at any time before the expiration of three years from their 18th birthday.

Under S14 a person’s date of knowledge is the date on which he first had knowledge of the following facts—

a)     that the injury in question was significant; and

(b)     that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

(c)     the identity of the defendant; and

(d)     if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant;

and knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant.

Under S33 there is a discretion to exclude these time limits if it appears to the court that it would be equitable to allow an action to proceed.

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