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Limitation Act

If you or your solicitor have missed the time limits for making a claim it is possible to ask the courts permission to still proceed with your claim.

The court has a discretion to allow your claim to go ahead in special circumstances, but you will need to explain the reasons for the delay.

The court has to consider what disadvantage you will suffer and also what disadvantage your opponent will suffer.

The court will also look at:

a) The length and reason for the delay.

b) Whether the delay weakens or affects any evidence, which might have been used in the case.

c) The conduct of your opponent after the accident, including how quickly he supplied information etc.

d) The length of any disability you might have been under due to your injury.

e) Whether you acted quickly once you knew who was responsible for your accident.

f) What steps were taken to obtain medical, legal and other expert advice.

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