Jurisdiction(s):
United Kingdom

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Key definition

Disability definition

What does Disability mean? In legal practice, disability describes a physical or mental impairment that affects normal day‑to‑day activities and, if statutory tests are met, triggers equality law protections and duties in employment, services, housing and education. England, Wales and Scotland: Defined by section 6(1) Equality Act 2010 as an impairment with a substantial (more than minor or trivial) and long‑term (12 months+, likely to last/return) adverse effect on normal day‑to‑day activities, with detail in Schedule 1 and statutory guidance. Tribunals determine status case by case, using medical and occupational evidence. Certain conditions (including cancer, HIV and multiple sclerosis) are deemed disabilities from diagnosis. Northern...

Limitation in personal injury: children and protected parties (s28) and deliberate concealment, fraud or mistake (s32), Limitation Act 1980 (England and Wales)

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Practice notes

This Practice Note sets out the proper treatment of limitation in matters involving claimants who fall within the Mental Capacity Act 2005 (MCA 2005) definition of lacking capacity, or who are under 18. It clarifies the point at which time starts to accrue in these situations, drawing attention to the possible complications for protected parties. It further considers the narrow situations where a defendant’s deliberate concealment may influence the limitation period in Personal injury cases.

Persons under a Disability

Claimants under a disability

For the purposes of the Limitation Act 1980 (LA 1980), a claimant is deemed to be under a disability if they:

are aged under 18, or
do not have capacity (as defined by the MCA 2005) to manage legal proceedings

When does someone lack capacity?

A person lacks capacity for a particular matter where, at the relevant time, they cannot make the decision for themselves due to an impairment of, or a disturbance in how, their mind or brain functions...

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Web page updated on 21/05/2026

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