Legal Services Regulation Act 2015

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Amendments of Statute of Limitations (Amendment) Act 1991

221. (1) The Statute of Limitations (Amendment) Act 1991 is amended—

(a) in section 3, by substituting the following subsection for subsection (1):

“(1) An action, other than one to which section 6 of this Act applies, claiming damages in respect of personal injuries to a person caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) shall not be brought after the expiration of—

(a) in the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act 2004, 3 years, or

(b) otherwise, 2 years,

from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured.”,

(b) in section 4(1), by substituting “the period so specified” for “2 years”,

(c) in section 5(1), by substituting “the period specified in the said section 3 from the date when he ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period so specified” for “2 years from the date when he ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period specified in the said section 3”, and

(d) in section 6—

(i) in subsection (1), by substituting “the relevant period” for “2 years”, and

(ii) by inserting the following subsection after subsection (1):

“(1A) In subsection (1) ‘the relevant period’ means—

(a) in the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act 2004, 3 years, and

(b) otherwise, 2 years.”.

(2) The amendments made by subsection (1) do not have effect where the date of accrual of the cause of action, or the date of knowledge of the person concerned as respects that cause of action, is before the coming into operation of that subsection.”.