Limitation Act in Industrial Disease Claims - A Guide for Personal Injury Lawyers

Introduction

Given the often historic nature of claims for industrial disease, including noise induced hearing loss, the question of limitation is often a central feature to any litigation.

Ascertaining a Claimant’s date of knowledge and/or dealing with the consequences of a claim which may be statute barred frequently involves consideration of complex issues of fact and law and familiarity with these arguments is essential for any legal professional practising in this area.

This webinar, aimed at all personal injury/industrial disease practitioners, and particularly those dealing with insidious illnesses or historic exposure claims, aims to provide a guide to the Limitation Act and its application to personal injury claims, the factors to consider and the parties’ respective burdens when advancing a limitation argument, as well as identifying common pitfalls and mistakes.

What You Will Learn

This webinar will cover the following:

• The Limitation Act and its application to personal injury/disease claims
• The issues posed by insidious injuries and latent damage
• Lay evidence regarding limitation - what the Court (and you) will need to know
• Section 33 and the Court’s discretion
• Common misconceptions/pitfalls/oversights regarding limitation arguments

This webinar was recorded on 15th October 2019