Personal injury limitation for a claimant injured as a child (Limitation Act 1980, ss 11 and 28(6))

Leo's claim is for damages for negligence consisting of personal injuries, so s 11 of the Limitation Act 1980 applies, with a basic period of three years from accrual or the date of knowledge. However, s 28(1) provides that where the person to whom the right of action accrued was under a disability on the date it accrued, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability. Under s 38(2) a person is under a disability while he is an infant (under 18). By s 28(6), where s 11 applies, 'three years' is substituted for 'six years'. Leo was 15 when the cause of action accrued, so time does not begin to run against him until he turns 18 on 10 March 2027. The claim must therefore be issued within three years of that date, by 10 March 2030.

Why A is wrong: Time does not run against a child; s 28 postpones the start of the period until Leo reaches 18.

Why C is wrong: For personal injury claims s 28(6) substitutes three years for six, so the period is three years from majority.

Why D is wrong: Six years from the accident is the general tort period under s 2, which does not apply to personal injury claims.

Why E is wrong: Appointing a litigation friend does not start time; time runs from the date the disability (minority) ends.