2. Civil Claims

Question 1

Limitation period for bringing a claim for personal injury

Answer 1

The claimant must bring the claim within 3 years of the latest of:
(a) The date when the cause of action accrued; or
(b) The date of knowledge of the personal injury

Question 2

Limitation period for bringing a claim for a fatal accident

Answer 2

The time limits on a claim are that:
(a) The claim cannot be brought if the person injured could no longer bring a claim
(b) The claim cannot be brought after 3 years from the later of:
(i) Date of death;
(ii) The date of knowledge of the dependent

Question 3

‘Date of Knowledge’: Date of knowing that….

Answer 3

(a) That the injury was significant;
(b) That it was attributable (at least in part) to the alleged wrongdoing;
(c) The identity of the defendant;
(d) If it is alleged that the wrongdoing was by someone other than the defendant, the identity of that person & the additional facts supporting bringing the claim against the defendant.

Question 4

Limitation period for negligence claims (not personal injury)

Answer 4

WHICHEVER IS LATER
(a) Six years from when the cause of action accrued; or
(b) Three years from when he had the requisite;
(i) Knowledge; and
(ii) Right to bring a claim

Question 5

Long-stop limitation date for negligence actions

Answer 5

Limitation period for negligent is subject to a long-stop limitation date of 15 years from the date of the latest negligent act / omission which caused all or part of the damage.

Question 6

Limitation period for enforcing a judgement

Answer 6

An action to enforce a judgment cannot be brought after 6 years from when the judgment became enforceable, nor can interest be recovered after that period.

Question 7

Limitation period where individual ‘under a disability’ - limitation period starts to run from when disability ends and is:

Answer 7

(a) 2 years in relation to contribution claims;
(b) 3 years in relation to personal injury or fatal accident claims; and
(c) 6 years in most other cases

Question 8

Which individuals are ‘under a disability’ for limitation purposes

Answer 8

1. Minors
2. Those who lack mental capacity to conduct proceedings

Question 9

Limitation period for claims based on fraud / concealment / mistake:

Answer 9

Where a claim is:
(a) Based on fraud, or;
(b) Any fact relevant to the cause of action has been deliberately concealed by the defendant; or
(c) The action is for relief from the consequences of a mistake; then
Limitation does not start to run until the claimant discovered the fraud, concealment or mistake.

Question 10

First step to starting a claim

Answer 10

Where there is no relevant pre-action protocol the parties should exchange correspondence and information to comply with the objectives in the Practice Direction on Pre-Action Conduct
- Send a letter of claim and wait for a response
- D should respond within 14 days for a straightforward claim or within 3 months for a complex one
- Personal injury: defendant should acknowledge letter within 21 days and send full letter of response within 3 months of acknowledgement