When is the deadline for limitation - notice requiring a parent or guardian to bring an infant's action?
The catalogue records a 6 months period from The date of service of the notice on the parent or guardian. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 6 months
- Trigger
- The date of service of the notice on the parent or guardian
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Non-compliance does not itself bar the infant; it entitles the putative defendant to apply for an order appointing the Public Trustee as the infant's tutor (s 39(2)).
- A defendant-side device for forcing an infant's claim on. The notice must comply with s 40 (in writing, identifying the incidents and the person under disability, warning that the cause of action is liable to be barred, and it is neither an admission nor a confirmation) and must be served in accordance with the Supreme Court Rules relating to service of originating process (s 40(2)).