Section 8 of the Civil Liability and Courts Act 2004 has not been prevalent feature in any Court decisions to date and the wording of the section may have diffused some of the weight of the intent behind the provision. Delay and late notification of a claim can cripple a Defence to an action because much of the relevant evidence has been lost or recollections have faded with time and thereby impeding the investigation of a claim. The result is quite often that a Plaintiff will have a monopoly on the pertinent facts.
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