2. Pre-Action Considerations: Limitation Flashcards
What is the outcome where a solicitor incurs costs advancing a claim which is statute-barred?
They will be deemed negligent and not acting in client’s best interests
What is the limitation period for breach of contract and most claims in tort?
Six years
What is the limitation period for personal injury and fatal accident claims?
Three years
What is the limitation period for defamation claims?
One year
What is the limitation period for unfair dismissal claims?
Three months
What is the long stop limitation for latent defects?
Fifteen years
In a tort action, when does the limitation period begin running?
Generally, from the date the cause of action accrues, i.e. when the tort occurs
In a tort action where the claimant’s injury is not apparent, when does the limitation period begin running?
When the claimant first gains knowledge that they have a claim
In a tort action, when is the date of knowledge considered to be?
The point at which the claimant had sufficient knowledge of all the facts to commence investigations into the potential claim against the defendant.
In a tort action, does the claimant need to know the precise details in order for the date of knowledge to start the timer?
No, sufficient information is enough
In a tort action, the date of knowledge does not occur until the claimant has knowledge of what four things?
- That the injury is significant
- That it is attributable in whole or part to the act or omission alleged
- Knowledge of the defendant
- Identity of any other actors if it is they who did the conduct, not D (e.g. hospital/doctor situation)
In a tort action, in addition to knowing they have an injury, what must a claimant know?
Causation, i.e. that the injury arose from a negligent act or omission of an identified defendant
In a tort action, what are the two options for the limitation period if the injured party dies within three years of the accrual date?
Three years from:
- Date of death, or
- Date of knowledge of the deceased’s personal representative
What is the effect of the injured party dying on the limitation period in tort?
Where a limitation is six years, it reduces it from six years from the date of accrual to three years from the date of death
In a contract action, when does the limitation period begin running?
On the date of breach