2. Pre-Action Considerations: Limitation Flashcards
Limitation: Latent defects
Whatever is the later date:
6 years after accrual, OR
3 years after earliest date C knew or ougth to have known, BUT
15 years - longstop
Limitation: Breach of contract
6 years
Limitation: Most claims in tort
6 years
Limitation: Personal injury
3 years
Limitation: Fatal accident claims
3 years
Limitation: Defamation
1 year
Limitation: Unfair Dismissal
3 months
Limitation: Breach of HRA
1 year
Limitation: Breach - Data Protection Act
6 years
What is the date of knowledge in clinical injury claims
When C knows: (1) Injury is significant (2) that is attributable in part or whole due to negliglence, omission, act… (3) identity of D, OR (4) if someone other than D, then the identity of the other party.
What is the limitation period for claims involving death?
IF C dies within 3 years of date of accrual, then EITHER 3 years after date of death OR 3 years after C’s personal rep’s date of knowledge.
What is the effect of a ‘make good clause’ in a breach of contract claim?
Contractual clause for the party in breach to have number of years to repair/make good the contract. Does not supersede the limitation period.
How do you calculate the date to issue proceedings?
Start counting day after the action arose. Limitation ends the day that correct form and fee are at the Court. *NB if court closed on limitation date, will be accessed next court business day.
Limitation period for minor claimant
Does not start to run until 18th bday
Limitation if Claimant lacks capacity
IF C does not have capacity at the time claim arises, then time does not start until C certified of sound mind. BUT if C loses capacity during limitation period, it does not pause.
