1.5 - Limitation

Question 1

What is the special time limit for personal injuries?

Answer 1

Section 11 Limitation Act 1980

Claims for personal injuries must be brought within three years of the latest of:
(a)
the date when the cause of action accrued, or
(b)
the date of knowledge of the person injured.

The date of knowledge is defined under Section 14.

Question 2

What is the special time limit for actions under Fatal Accidents legislation?

Answer 2

Section 12 Limitation Act 1980

Compensation claims by dependents of those killed at work:
(a)
The claim cannot be brought if C could no longer bring a claim. (Especially under Section 11.)
(b)
The claim cannot be brought more than three years than the latest of
(i)
the date of C’s death, or
(ii)
the dependant’s date of knowledge.

See Section 14 re. the date of knowledge.

Question 3

How is the date of knowledge defined?

Answer 3

Section 14 Limitation Act 1980

Date of knowledge means C knowing:
(a) 
that the injury was significant
(b)
that it was attributable to the alleged wrongdoing
(c)
the identity of D
(d)
the identity of X, if it is alleged that the wrongdoing was by a third party.

NB: Knowledge of the facts, not knowledge of the law.

Question 4

What is the court’s discretion to exclude the time limit for actions in respect of personal injuries or death?

Answer 4

Section 33 Limitation Act 1980

The court can extend time in relation to s. 11 or 12 if that would be equitable, balancing the prejudice to C of limitations against prejudice to D of allowing the claim. Consider parties’ conduct, reasons for delay and the effect of delay on the evidence.

Question 5

What is the special time limit for claiming contributions under Section 1 Civil Liability (Contribution) Act 1978?

Answer 5

Section 10 Limitation Act 1980

The limitation is two years from the date on which the right to recover arose. Either:
(a)
the date when judgment imposed liability on D1; or
(b)
the date when D1 agreed to make the payment.

Question 6

What is the special time limit for negligence actions where facts relevant to the cause of action are not known at the date of accrual?

Answer 6

Section 14A Limitation Act 1980

In negligence claims other than personal injury where the facts are not known at the date of accrual, the limitation period is extended to the later of:
(a)
Six years from the date of accrual;
(b)
Three years from when C had the requisite
(i)
knowledge; and
(ii)
right to bring a claim.

NB: This provision does not apply to personal injury claims. Ss 11 and 12 take precedence.

Question 7

What is the overriding time limit for negligence actions not involving personal injuries?

Answer 7

Section 14B Limitation Act 1980

The Section 14A limitation extension for unknown harms is subject to a long-stop limitation of 15 years from the latest negligent act or omission which caused damage.

Question 8

What is the time limit for actions to enforce judgments?

Answer 8

Section 24 Limitation Act 1980
(1)
An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
(2)
No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Question 9

What is the time limit for actions founded on tort?

Answer 9

Section 2 Limitation Act 1980

Tort: the general rule

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Question 10

What is the time limit for actions founded on simple contract?

Answer 10

Section 5 Limitation Act 1980

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Question 11

What is the effect on the limitation period in cases of fraud, concealment or mistake?

Answer 11

Section 32 Limitation Act 1980

Where a claim is:
(a)
based on D’s fraud; or
(b)
any fact relevant to the cause of action deliberately concealed by D; or
(c)
the action is for relief from the consequences of the mistake;

Limitation does not start until C discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it.

Question 12

What extension to the limit for claiming contributions applies if C is unable to claim because it is under a disability at the time of accrual?

Answer 12

Section 28(a) Limitation Act 1980

Two years from the end of the disability.

Question 13

What extension to the limit for claiming for personal injury applies if C is unable to claim because it is under a disability at the time of accrual?

Answer 13

Section 28(b) Limitation Act 1980
Three years from the end of the disability.

Question 14

What extension to the limit for most cases (other than contributions and personal injury) applies if C is unable to claim because it is under a disability at the time of accrual?

Answer 14

Section 28(c) Limitation Act 1980
Six years from the end of the disability.

Question 15

What does it mean if the claimant is under a disability?

Answer 15

C is under a disability if C is a minor or lacks mental capacity under Sections 2 and 3 Mental Capacity Act 2005.