PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 20C Notice of claim for damages for child

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 20C

20C Notice of claim for damages for child

(1) A parent or legal guardian of the claimant must give part 1 of a notice of a claim under section 9 for the claimant before the earlier of the following days—

(a) the day 6 years after the day when the parent or legal guardian knew or ought reasonably to have known that the personal injury had occurred;

(b) the day 18 months after the day the parent or legal guardian first consults a practitioner about the possibility of seeking damages for the personal injury.

(2) A practitioner acting for a parent or legal guardian required by subsection (1) to give part 1 of a notice of a claim for a child must, as soon as practicable after being instructed by the parent or legal guardian to give part 1 of the notice to the person against whom the proceeding is proposed to be started, give part 1 of the notice to that person.

(3) A failure by the practitioner to comply with subsection (2) is professional misconduct.

(4) For subsection (1) (b) , consultation by a claimant with a community legal service as defined under section 67A (2) , whether before or after the commencement of this subsection, is to be disregarded.