Applying to the courts - Limitation extension

[UnknownWolf]

Good evening,

I have a quick question regarding limitation period of a potential and negligence claim against the NHS. I was advised for many years that I fell out of the limitation period without even knowing that negligence had even taken place.

Recently, I was informed by a solicitor that actually my knowledge period was over two years ago. However, this solicitor is unable to continue with a potential claim.

other companies are disregard it saying I am out of the limitation period.

Therefore, I would like to apply to the courts for a potential reopening of the imitation period due to my knowledge, and terrible advice given from the very first offset.

I know the NHS trust, however, I am not sure what it means by applying to the courts?

How does one apply to the courts?

Regards,

[Pezza54]

Hi
a person has 3 years from the date they became aware that something went wrong with the medical procedure to start a court claim
There is plenty of advice about nhs claims for negligence in the article "Advice for claimants" at https//resolution.nhs.uk

[UnknownWolf]

Thank you for the information. However, I am more asking if the three years has passed and when it states apply to the courts how does this process unfold?

[Pezza54]

Please read the article titled "What is N244 form" at www.treadstonelaw.co.uk
N244 form is used to make an application to court and usually triggers a formal hearing
It is best to consult a solicitor as the court expects certain terms and phrases in the application
There is a court fee to pay

[atticus]

You really need to take professional advice.

This is not my specialist area by any means, so I could well be wrong. I think what you will have to do is issue your claim at court. The Defendant will plead a Limitation Act defence, and may well apply to strike your claim out on that basis. You will have to resist by putting forward the strongest possible evidence why the court should exercise its discretion under s33 Limitation Act 1980 to disapply the limitation period.

As I have said, I may be wrong and you should take professional advice.

Please note that while there are cases when the court has disapplied the limitation period, these cases are rare. Very strong and clear reasons will be needed. Limitation periods are there for a reason.

[UnknownWolf]

Hi all,

Thank you very much for your input to the post with regards to my query on limitation extensions.

I am more than happy to pursue this on my own accord, however, I am struggling to determine when it states apply to the courts. What court do I have to apply to?

Furthermore, do you think that I should write to the trust legal department, explain the circumstances and ask for clarification on the limitation period?

[Manxman]

I think you are being advised that this is simply too dificult an area - from the legal point of view - for you even to consider pursuing this yourself. You need professional legal advice.

I'd suggest you contact CAB for guidance. In particular ask them if there are any local firms of solicitors who will offer you free initial advice.

Do not attempt to go it alone.