Judicial Application of the Limitation Act 1980 in Claims for Personal Injury: Has time run out on the prospect of certainty in the law?

Abstract

In 2008 the landmark decision in A v Hoare1 was received from the House of Lords. The decision will have a wide impact on the law on limitation periods in claims for personal injury. Victims of intentional trespass to the person can now apply to the court to either extend or disapply the primary limitation period. This article will consider the wider implications of the decision on issues of limitation. It aims to examine what the initial rationale of limitation legislation is. With this in consideration the article then analyses judicial application of the Limitation Act 1980 prior to, and post A v Hoare. This enables the article to conclude on whether the initial purpose of having limitation periods in personal injury claims is currently being met.