Section 33
Limitation Reports
Assessing date of knowledge and discretionary extension under the Limitation Act 1980 for personal injury claims where the primary limitation period has expired.
Evidential foundation for
section 33 applications.
Our chambers prepares limitation reports addressing the date of knowledge under section 14 of the Limitation Act 1980 and the court’s discretionary power to extend time under section 33 for personal injury claims.
These reports provide the expert psychiatric or psychological evidence required to support applications to disapply the primary limitation period, focusing on the claimant’s awareness of injury, its attribution, and the equitable factors the court must weigh under section 33.
Three procedural stages where
this report is critical.
Pre-action protocol
Our reports support the Letter of Claim where the primary limitation period has expired, providing expert evidence on the claimant’s date of knowledge and the merits of a section 33 application.
Section 33 application
Members of our chambers prepare reports specifically for CPR Part 23 applications to disapply the limitation period, addressing the statutory criteria under section 33 of the Limitation Act 1980.
Trial & appeal
Where limitation remains contested, our experts provide oral evidence and respond to Part 35 questions, supporting the court’s assessment of prejudice and fairness under section 33.
What the report contains,
section by section.
Expert credentials
GMC Specialist Register or HCPC registration, MRCPsych or BPS Chartered status, and the expert’s medico-legal experience in limitation assessments under the section 33 limitation act.
Claimant history
Personal, psychiatric, and treatment history documenting the claimant’s awareness of injury and its attribution to the index event, relevant to the date of knowledge limitation act criteria.
Mental state findings
Clinical examination and standardised instruments addressing the claimant’s psychiatric condition, its severity, and the timing of symptom onset in relation to the personal injury claim limitation period.
Date of knowledge
Expert opinion on when the claimant first knew the injury was significant, attributable to the defendant’s act, and required legal redress, as defined under section 14 of the Limitation Act 1980.
Section 33 factors
Assessment of the equitable factors the court must consider under section 33, including delay, prejudice, claimant conduct, and the cogency of evidence available at trial.
Prognostic impact
Opinion on how the passage of time has affected the claimant’s psychiatric condition and the reliability of evidence, informing the court’s discretionary judgment under the section 33 limitation act.
Statement of truth
CPR Part 35 declaration of independence, compliance with the expert’s overriding duty to the court, and signed statement of truth confirming the report’s contents.
How the assessment
is conducted.
Our experts follow a transparent, CPR Part 35-compliant methodology to ensure the limitation report withstands scrutiny at trial and under Part 35 questions from opposing parties.
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01
Records review
Full review of GP, hospital, mental health, and social care records to establish the claimant’s psychiatric history and treatment timeline in relation to the personal injury claim limitation period.
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02
Clinical interview
Structured interview focusing on the claimant’s awareness of injury, its attribution, and the factors influencing their decision to delay issuing proceedings under the Limitation Act 1980.
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03
Standardised measures
Where clinically indicated, instruments such as the PCL-5, IES-R, or BDI-II are administered to quantify symptom severity and track changes over time relevant to the date of knowledge.
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04
Collateral sources
Interviews with family members, carers, or treating clinicians to corroborate the claimant’s account of symptom onset and awareness of injury for the limitation report expert witness assessment.
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05
Formulation & opinion
Clinical formulation linking the claimant’s psychiatric presentation to the statutory criteria under section 14 and the equitable factors under section 33 of the Limitation Act 1980.
Every claim where limitation
is in dispute.
Our chambers accepts instructions for limitation reports across all personal injury claims where the primary limitation period has expired and the court’s discretion under section 33 is invoked.
Questions from
solicitors we work with.
What is the legal test for date of knowledge under section 14?
The test requires the claimant to have known the injury was significant, attributable to the defendant’s act or omission, and that legal redress was required. Our experts assess these elements against the claimant’s psychiatric presentation and treatment history.
How does the section 33 limitation act apply to child claimants?
Both. The primary limitation period for children runs from their 18th birthday, but the court retains discretion under section 33 to disapply time limits where equitable. Our reports address the child’s awareness of injury and the impact of delay on evidence cogency.
Can a limitation report be combined with a Condition & Prognosis report?
Yes. Where the same expert holds the necessary qualifications, we prepare a single report addressing both limitation issues and the claimant’s psychiatric condition, provided the scope is clearly delineated and compliant with CPR Part 35.
What records are essential for a limitation report?
GP, hospital, mental health, and social care records covering the period from the index event to the date of instruction. These documents establish the claimant’s treatment timeline and awareness of injury for the date of knowledge limitation act assessment.
Will the expert attend a joint discussion on limitation issues?
Yes. Our experts attend joint expert discussions under CPR 35.12 and prepare joint statements addressing areas of agreement and disagreement on the date of knowledge and section 33 factors.
How long does a limitation report take to prepare?
Typically 3–6 weeks from receipt of full records. Expedited reports are available for court deadlines, with turnaround agreed at instruction and prioritised by our chambers’ administrative team.
Need an expert for your
section 33 limitation case?
Send a brief case summary — claimant details, index event, procedural stage, and any court deadlines — and our chambers will confirm expert availability and timescales within one working day.