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.
- 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
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.
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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 28How does this provision count time?
- 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.
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 28Which 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.
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.
- 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 28Which 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 28What 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 28Must 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 28Does 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 28What 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 11ZAOfficial sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Limitation Act 1980 section 28 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 11 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 11A | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 11ZA | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 38 | Check the identified procedure, event, counting rule or qualification |