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3 LIMITATION

Professional Negligence and Liability

Chapter 3

LIMITATION

Authored by EDWARD LEVEY QC AND RAYMOND COX QC

I.INTRODUCTORY

3.1 This chapter is intended to provide an overview of the application of the principles of statutory limitation to professional negligence actions.1 It does not attempt to deal with every point or every case on the topic (though it does try to consider all the important cases), but it will try to relate the cases from different professions to each other in an effort to highlight common principles and areas of doubt, difficulty and development. The chapter does not deal with those aspects of limitation law which are primarily relevant to personal injuries actions, i.e. sections 11, 14 and 33 of the Limitation Act 1980. These matters are considered in Chapter 14 on Clinical Practitioners.

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