The three-year time Limit within which to bring proceedings for a personal injury claim has gained notoriety with the deluge of TV and tabloid adverts. Nonetheless, the emergence of claims farmers in recent years and their 'trawler' approach to disease claims has also led to a noticeable rise in historic deafness and Hand Arm Vibration Syndrome (HAVS) claims in particular. The claims farmer's desire to sell its 'haul' and the eagerness of some lawyers to expand their PI base means that some very stale claims, way past their sell by date, are now surfacing. The Limitation Act 1980 essentially states that a claimant has three years from the date when he first either knew or should have suspected that he was suffering from a significant condition which may have been caused by his work. Knowledge includes both actual and implied ('constructive').
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