Section 3 of the statute of limitations amendment act 1991 as amended by Section 7 of the Civil Liability and Courts Act 2004 provides for special timing for actions in respect of personal injuries based on negligence, nuisance and breach of duty whether statutory duty or duty arising under a contract or independently of any contract or any statute.
Such actions shall not be brought after the expiration of two years from the date; a. on which the cause of action accrued/occurred or b. when the Plaintiff first had the requisite/required knowledge as defined in Section 2 of the 1991 Act.
Section 11(2) of the Statute of Limitations Act 1957 provides an action founded on tort other than an action based on negligence, nuisance, or breach of duty and involving personal injury or an action for slander shall not be brought after the expiration of 6 years from the date in which the cause of action occurred/accrued.
- Plaintiff A was rear ended by Defendant B in a road traffic accident which occurred on 1/1/2019. Injuries occurred to the Plaintiff A and arising out of which the Plaintiff A has 2 years from the date of 1/1/2019 to 1/1/2021 to take a personal injury case. The initial consultation or meeting with a solicitor does not stop the clock running. To stop the clock running means in effect to stop the two year rule running past the said date of 1/1/2021.
- Plaintiff X received medical treatment in a local medical hospital/institution on 1/1/2019. Plaintiff X was advised a year later on 1/1/2020 that an issue arose arising out of this medical treatment which the Plaintiff was advised of by his or her G.P. or medical practitioner. The clock or time starts running when Plaintiff X realises that there is an issue with the treatment received and/or whether him or her noticed there was a problem with their physical complaints. Again with medical negligence cases the two year rule arises also.
This two year rule is a very important consideration when taking a personal injury claim. If the case is not taken within the time prescribed above, the claim will be statute barred.
That means that any Plaintiff will not be able to take a case after the two years.