2. Pre-action and Limitation Periods Flashcards
What is the limitation period for a Personal Injury claim?
Three (3) Years.
s14 of the Limitation Act 1980
What is the limitation period for a Tort claim?
Six (6) Years.
s2 of the Limitation Act 1980
What is the limitation period for a Contractual claim?
Five (5) Years.
s5 of the Limitation Act 1980
What is the limitation period for a Recovery of Land claim?
Twelve (12) Years.
s15(1) of the Limitation Act 1980
What is the limitation period for a Breach of Trust claim?
Six (6) Years.
s21(3) of the Limitation Act 1980
What must a child have in any litigation?
A Litigation Friend.
What is a Protected Party?
A party (or intended party) who lacks the capacity to conduct proceedings.
What must a Protected Party have in any litigation?
A Litigation Friend.
What must happen for a settlement agreement to become binding on a child or protected party?
It must be formally approved by the court.
Why can Limited Liability Companies and Partnerships be sued instead of the directors or partners?
Limited Liability Companies and Limited Liability Partnerships have a separate legal personality.
When suing a Partnership, what name must be put down on the Claim Form?
The names of all of the partners, or the name of the Partnership.
When does the limitation period of a claim start to run?
The day after all necessary elements of the cause of action are present.
What can stop a limitation period from running?
Issuing proceedings.
At what point will proceedings be considered issued for limitation purposes?
When the Claim Form has been stamped by the court, or when the covering letter has been date stamped by the court (when posting the Claim Form).
Under what circumstances may a court extend the limitation period under Section 14 of the Limitation Act?
In cases of personal injury/death in which the seriousness of the injury/death does not manifest until a later date (e.g. asbestosis).
What sanctions may a court impose for failure to comply with the Pre-action Protocols?
- An order to pay costs.
- Reduced interest on judgment sum.
In a Contractual claim, how is jurisdiction established under the Re-cast Brussels Regulations?
Regulation (EC) 593/2008 Rome I
1. The country where the party required to effect the characteristic performance of the contract resides; or where this cannot be established
2. The law of the country which is most closely connected to the party.
In a Tortious claim, what is the general rule for the courts to establish jurisdiction?
Regulation (EC) 864/2007, Rome II
The country in which the damage/injury was sustained.
What regulations are used to establish jurisdiction where one or more parties are based in an EU country?
The Recast Brussels Regulation.
What rules will apply to determine jurisdiction if the defendant is not a resident of the UK or the EU?
Common Law will be used to determine jurisdiction.
When establishing jurisdiction on a corporate defendant by service of court papers, what must be established to show that the defendant is ‘present’?
The corporate entity must be trading, directly or indirectly, in the territory.
In an international contractual claim not subject to the Re-cast Brussels Regulations, when may the courts infer English Law?
- If the contract was made in England or Wales.
- If the contract contains an agreement conferring jurisdiction on the English court.
- If the breach occurred within England or Wales.
In cases within the civil courts in Wales, can proceedings be held in the Welsh language?
Yes, the Welsh language should be treated equally in the administration of justice in Wales.
