Law firm blasts Scottish Law Comission for proposing process extension from three to five years
Law firm DWF has warned that proposals by the Scottish Law Commission to extend the time limit on personal injury claims from three to five years would delay the processing of claims.
The firm said the move would fly in the face of other reforms currently under consideration which are designed to speed up the process and it would create pressure to extent the time limit in England.
The Scottish Law Commission believes its proposals would help those trying to bring claims for occupational diseases including asbestosis and mesothelioma, where the Commission has the view that gathering evidence can be time consuming.
DWF, insurance partner Simon Denyer said: “The current three-year limit represents a compromise between the interests of claimants who want the right to pursue a case for as long as possible.”
He added: “These latest proposals are surprising as they are out of kilter with other developments which will have the effect of speeding up cases. For example, a new practice direction for handling mesothelioma claims will come into force in April 2008 and a new pre-action protocol covering these claims is also awaited.”
He added that against this background, extending the time limit is unnecessary and would only encourage claimants’ lawyers to act more slowly and create delays in settlements.
He said: “There will always be the odd case where the limitation period is an issue, where a claimant has delayed instructing lawyers, or where insurers can't be traced at first and are found only much later. However these would be so rare that legislating for them beyond the court's existing discretionary powers to waive limitation in the context of a disease case is inappropriate.”
There are currently wide variations in limitation periods internationally, ranging from one year to 20 years, although consideration is being given to harmonising time limits within the EU.
