2. Limitation

Question 1

s.2 Time Limit for actions founded in Tort

Answer 1

6 years

Question 2

Accrual of cause of action

Answer 2

This will depend on the cause of action.
Contract - on the breach of contract
Tort - from the time of damage.

Question 3

s.5 Time Limit for actions founded in Contract

Answer 3

6 years

Question 4

s.10 Special time limit for claiming contribution

Answer 4

2 years from the relevant date.

Question 5

When can time limit be extended for contribution claims?

Answer 5

where person claiming contribution is under a disability or where fraud, concealment or mistake are present.

Question 6

S.11 Special time limit for actions in respect of personal injuries?

Answer 6

3 years from

(a) the date on which the cause of action accrued; or
(b) the date of knowledge (if later) of the person injured; or
(c) the date of death; or
(d) the date of the personal representative’s knowledge. (whichever is later)

Question 7

S.12 Special time limit for action under Fatal Accidents legislation

Answer 7

3 years from -

(a) the date of death, or
(b) the date of knowledge of the person for whose benefit the action is brought, whichever is the later.

Question 8

S.14 Definition of date of knowledge for purposes of sections 11 and 12

Answer 8

on the day C first had the knowledge fo the following facts -

(a) that the injury in question was significant,
(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
(c) the identity of the D, and
(d) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against D.

Question 9

S.14A Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual

Answer 9

3 years from the date of knowledge

Question 10

S.14B Overriding time limit for negligence actions not involving personal injuries

Answer 10

15 years from the date which there occurred any act or omission -

(a) which is alleged to constitute negligence
(b) to which the damage in respect of which the damage in respect of which damages are claimed is alleged to be attributable (in whole or in part).

Question 11

s.24 Time limit for actions to enforce judgments

Answer 11

6 years from the date on which the judgment became enforceable.

Question 12

s.28 Extension of limitation period in case of disability

Answer 12

Time does not begin to run until the party is no longer under a disability

Question 13

s.32 Postponement of limitation period in case of fraud, concealment or mistake

Answer 13

time shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it.

Question 14

s.33 Discretionary exclusion of time limit for actions in respect of personal injuries or death

Answer 14

the court has a discretion to allow an action to proceed having regard to -
(a) prejudice the plaintiff or any person whom he represents; and
(b) prejudice the defendant or any person whom he represents;
the court may direct that those provisions shall not apply to the action, or shall not apply to any specified caused of action to which the action relates.

Question 15

when does the court’s power not apply?

Answer 15

when the cause of action is brought under Fatal accidents Act

Question 16

s.38(2) Definition of disability

Answer 16

a person shall be treated as under a disability while he is an infant, or lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceedings.