Asked by: Noah Law (Labour - St Austell and Newquay)
Question to the Ministry of Justice:
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.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
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.
Asked by: Noah Law (Labour - St Austell and Newquay)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will review the current eligibility criteria for legal aid in private family law proceedings to allow applicants on low incomes to qualify for support even where there is no evidence of domestic abuse or risk to a child.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This Government recognises that legal aid – a vital part of the justice system – supports the ability of individuals, who need it most, to have access to publicly funded legal assistance in order to uphold their legal rights.
Legal aid is available for some private family matters such as child arrangement orders, if an individual is a victim of domestic abuse or at risk of being abused, or if the child who is the subject of the order is a victim of child abuse or at risk of abuse. Funding is subject to providing the required evidence of domestic abuse or child abuse and passing the means and merits tests.
The Government keeps legal aid policy under continuous review.
For cases which do not qualify for legal aid, individuals may seek free, independent advice from legal support and advice organisations.
The Ministry of Justice is providing funding to support litigants in person, to help them navigate the civil justice system effectively, including preparation for court and support at court. In 2025/26, we are providing over £6 million of funding to 60 organisations to support the delivery of free legal support and information, both in-person and online. This includes some Citizens Advice and Law Centres, Rights of Women and Advice Now.
Asked by: Noah Law (Labour - St Austell and Newquay)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of removing the current statute of limitations on medical negligence cases involving cerebral palsy.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
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 (ie. fair and reasonable) to all parties to allow an action to proceed.
The Government has no plans to reform the law in this area.