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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 77DA
Validity of s 77D proceedings
77DA Validity of s 77D proceedings
(1) This section applies to a proceeding for a personal injury in relation to
which section 77D applies.
(2) It is declared that the proceeding was validly
started, and is taken to have always been validly started, under
section 77D(2) if— (a) for a proceeding started on or before 18 June
2003—a complying notice of claim was given before the proceedings were
started; or
(b) for a proceeding started after 18 June 2003 but not later
than the end of 18 December 2003— (i) a complying notice of claim was given
within 6 months before the proceeding was started; and
(ii) the court’s
leave under that provision was given before the proceeding was started.
(3)
To remove any doubt, it is further declared that— (a) section 77D(2)(a) or
(b) does not require 6 months to have elapsed between the giving of the
complying notice of claim and the start of the proceeding; and
(b) for the
purposes of section 77D(2)(b)— (i) the complying notice of claim may have
been given before, on or after 18 June 2003; and
(ii) a court had power to
grant leave under that provision if a complying notice of claim was given at
any time within 6 months before the proceeding was started.
(4) Subsections
(2) and (3) apply to a proceeding despite any decision of a court to the
contrary in relation to the proceeding.
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