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England and Wales · Personal injury and compensation recovery

What period and facts govern child claimant limitation in England and Wales?

For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

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Read why no date is calculated
Period
For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period
Trigger
Disability at accrual and the earlier of ceasing that disability or dying
Rule
Limitation Act 1980 section 28
Limitation Act 1980 section 28

The child claimant limitation guide uses the complete current official Limitation Act 1980 XML acquired for this review, including section 11ZA. Full statutory conditions, transitional application and the actual claim remain necessary; no automatic discretionary relief is assumed.

Source guide · No automated date

Check the applicable procedure

Limitation Act 1980 section 28. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended. Confirm the actual child claimant limitation facts before selecting an endpoint. This source guide provides no computed date or paid calculation.

Limitation Act 1980 section 28

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What period and facts govern child claimant limitation in England and Wales?

For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

Responsible actor. The claimant who was a child when the cause of action accrued.

Disability at accrual and the earlier of ceasing that disability or dying

An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

The claimant who was a child when the cause of action accrued. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

Limitation Act 1980 section 28

How does this provision count time?

  1. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period
  2. Bring the relevant action within the disability-adjusted period where section 28 applies.
  3. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

For child claimant limitation, preserve the Act’s actual year-based period and each statutory anchor. Disability at accrual and the earlier of ceasing that disability or dying. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry.

For child claimant limitation, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day.

Limitation Act 1980 section 28

Which facts prevent one automatic date?

Limitation Act 1980 section 28. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended. Confirm the actual child claimant limitation facts before selecting an endpoint. This source guide provides no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

The claimant who was a child when the cause of action accrued has evidence of disability at accrual and the earlier of ceasing that disability or dying. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. Bring the relevant action within the disability-adjusted period where section 28 applies. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended. Verify the complete child claimant limitation facts before relying on a final date.

A proposed child claimant limitation completion date meets a weekend, holiday or disputed delivery event. For child claimant limitation, preserve the Act’s actual year-based period and each statutory anchor. Disability at accrual and the earlier of ceasing that disability or dying. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry. For child claimant limitation, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day. Establish the correct child claimant limitation event, counting route and effective completed act. This guide supplies no substitute calculated date.

An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended. The child claimant limitation source contract requires disability at accrual and the earlier of ceasing that disability or dying. Bring the relevant action within the disability-adjusted period where section 28 applies. Resolve this material branch before selecting a purported deadline.

Which conditions and exceptions apply?

Actor and completed child claimant limitation step
The claimant who was a child when the cause of action accrued. Bring the relevant action within the disability-adjusted period where section 28 applies.
Controlling child claimant limitation event and exception
Disability at accrual and the earlier of ceasing that disability or dying. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.
Counting and completion for child claimant limitation
For child claimant limitation, preserve the Act’s actual year-based period and each statutory anchor. Disability at accrual and the earlier of ceasing that disability or dying. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry. For child claimant limitation, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day.
Limitation Act 1980 section 28
  • The claimant who was a child when the cause of action accrued. For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.
  • Child claimant limitation addresses bring the relevant action within the disability-adjusted period where section 28 applies. Personal injury limitation has a separate event and purpose. The other procedure cannot establish this step’s completion or exceptions.

What must the responsible actor complete?

Questions about this procedure

What period and facts govern child claimant limitation in England and Wales?

What period governs child claimant limitation?

For the section 11 and section 12(2) personal injury periods, section 28(6) substitutes three years for section 28(1)’s general six-year period. An eighteenth birthday is not a universal answer. Establish the claim type, disability history and any earlier death; product liability’s ten-year extinguishment is not extended.

Limitation Act 1980 section 28

Which event controls child claimant limitation?

Disability at accrual and the earlier of ceasing that disability or dying. The claimant who was a child when the cause of action accrued must preserve the supporting event records.

Limitation Act 1980 section 28

What completes child claimant limitation?

Bring the relevant action within the disability-adjusted period where section 28 applies. The actual completion evidence must match the specified procedure.

Limitation Act 1980 section 28

Must the claimant have been a child when the claim accrued?

Yes. Section 28(1) requires disability when the right of action accrued. Later disability alone does not establish this statutory postponement.

Limitation Act 1980 section 28

Does minority extend a product’s ten-year longstop?

No. Section 28(7) expressly prevents section 28 from extending section 11A(3)’s ten-year period. The shorter product limitation and the longstop remain separate.

Limitation Act 1980 section 28

What if the childhood injury arose from sexual abuse?

Check section 11ZA before assuming a postponed three-year endpoint. Its conditions can remove the preceding limitation periods, subject to its express exclusions.

Limitation Act 1980 section 11ZA

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Limitation Act 1980 section 28Check the identified procedure, event, counting rule or qualification
Limitation Act 1980 section 11Check the identified procedure, event, counting rule or qualification
Limitation Act 1980 section 11ACheck the identified procedure, event, counting rule or qualification
Limitation Act 1980 section 11ZACheck the identified procedure, event, counting rule or qualification
Limitation Act 1980 section 38Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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