UU��ֱ��

Child claimants—checklist

Published by a UU��ֱ�� PI & Clinical Negligence expert

Checklists

Child claimants—checklist

Published by a UU��ֱ�� PI & Clinical Negligence expert

Checklists

imgtext

This Checklist outlines relevant considerations and the possible steps to follow where the victim of a personal injury claim is a child.

A child is any person under the age of 18.

Requirement	Authority	Considerations	Further reading
Limitation	—sections 28 and 38(2) of the Limitation Act 1980 (LA 1980) —LA 1980, ss 11 and 14 —LA 1980, s 11(5)	—the limitation period begins to accrue from the child's 18th birthday (or the date of knowledge if later), rather than from the date of the accident —limitation period for personal injury claims is three years —in the case of death, the three-year limitation period begins to run from the date of death, or from the date of the personal representative's knowledge if later	Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980 Time limits under the Limitation Act 1980—personal injury claims
Litigation friend	—CPR 21.2 —CPR 21.4 —CPR 21.5 —CPR 21.6 —CPR 23 —CPR 21.9	—a child must have a litigation friend to conduct civil proceedings on their behalf, unless the court directs otherwise —an application

Powered by Lexis+^®

Jurisdiction(s):

United Kingdom

Popular documents

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of premises•injuring each other or themselves•being injured by a teacher or other school employee•being injured outside school premises while undertaking

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s estate to recover some of the losses that the deceased was

Law Reform Act or Fatal Accidents Act?

Law Reform Act or Fatal Accidents Act?Causes of actionWhen the victim of a personal injury action has died prior to trial, two distinct claims are possible.A claim can be brought for:•the benefit of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934)•on

Claims on behalf of children—an introduction

Claims on behalf of children—an introductionA child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing