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Written question asked by Noah Law (Labour) on Monday, 10 November 2025, in the House of Commons. It was due for an answer on Thursday, 13 November 2025 (named day). It was answered by Sarah Sackman (Labour) on Thursday, 13 November 2025 on behalf of the Ministry of Justice.

NHS: Negligence

Question

To ask the Secretary of State for Justice, whether his Department has made a recent assessment of the application of Section 33 of the Limitation Act 1980 in medical negligence cases involving cerebral palsy; and whether it has had discussions with Scope on this issue.

Answer

Limitation periods set statutory time limits within which a party must bring a civil claim, or give notice of a claim, to the other party in a dispute. For negligence resulting in personal injury (which would include clinical negligence claims) the limitation period is normally three years from the date of the alleged negligence or the date of the claimant’s knowledge of damage, whichever is later.

However, under Section 33 of the Limitation Act 1980, this period can be extended at the court’s discretion, if it appears that it would be equitable (fair and reasonable) to all parties to allow an action to proceed.

The Government has no plans to reform the law, and has had no discussions with Scope but they are welcome to write to me if they want to set out any specific concerns.

Secondary information

Type
Written question
Reference
89365
Session
2024-26
Subjects
NHS Limitation of actions Negligence Cerebral palsy
Legislation
Limitation Act 1980
Link
View this Written question on www.parliament.uk