45A—Special provision regarding children
child (the "plaintiff") suffers personal injury; and
time for bringing an action for damages is extended by this Act to more than 6
years from the date of the incident out of which the injury arose
(the "relevant date"),
notice of an intended action must be given within 6 years after the
relevant date by, or on behalf of, the child to the person or persons alleged
be liable in damages (the "defendant").
If the injury arises from an intentional tort and the action is to be brought
against the person who actually committed the tort, notice of the action need
not be given to that person, but if any other person is alleged to be liable
for the tort, notice must be given to that other person.
(2) If the injury is
alleged to have arisen out of a motor accident, the notice must be given to
the relevant third-party insurer.
(3) The notice is to
contain the information required by regulation.
(4) The plaintiff (or,
if the plaintiff is still a child, the plaintiff's parent or guardian) must
comply with a reasonable request by the defendant—
provide copies of medical and other records and reports in the possession or
power of the plaintiff (or the plaintiff's parent or guardian) relevant to the
nature and extent of the plaintiff's injury and any consequent disability; or
undergo examination, at the expense of the defendant, by a medical expert for
the purpose of ascertaining the nature and extent of the plaintiff's injury
and any consequent disability.
(5) The defendant may,
by written notice to the plaintiff (or, if the plaintiff is still a child, the
plaintiff's parent or guardian) require the plaintiff, within 6 months after
the date of the notice, to bring an action so that the claim may be judicially
(6) In any such
action, the court may, if it thinks it appropriate, exercise its power to make
a determination of liability and adjourn final assessment of damages until a
with a requirement of this section on the part of a plaintiff does not prevent
the plaintiff from bringing an action for damages but unless the court is
satisfied that there is good reason to excuse the non-compliance—
damages will be allowed in such an action to compensate or allow for medical
or gratuitous services provided before the date the action was commenced; and
legal or other costs incurred in contemplation of the action or a possible
action will be allowed.