3: Causes of action and limitation

Question 1

What does statute barred mean?

Answer 1

It means that the claim is no longer legally enforceable owing to the relevant period of time having lapsed.

Question 2

Which piece of legislation deals with statute barring?

Answer 2

Limitation Act 1980

Question 3

What is meant by ‘concurrent claims’?

Answer 3

When multiple claims exist at the same time, e.g. a claim in tort and a claim in contract.

Question 4

What two things would happen if you miss the time limit of a claim?

Answer 4

The court won’t allow the claimant’s case to progress.

You could be sued for professional negligence.

Question 5

Who has special rules in civil claims?

Answer 5

Children, companies, partnerships and the estates of a deceased person.

Question 6

What is meant by a claim being struck out?

Answer 6

It is effectively thrown out of court (if outside the limitation period).

Question 7

What is the purpose of limitation of actions?

Answer 7

1. Make sure claims are dealt with quickly
2. Parties are treated fairly and no indefinite period of waiting for a claim
3. Adheres with overriding objective to deal with cases justly and expeditiously

Question 8

What kind of defence does a limitation period provide a defendant?

Answer 8

A technical defence.

Question 9

What is the limitation period for a contract claim?

Answer 9

6 years from date the contract was breached.

(s5 LA 1980)

Question 10

What is the limitation period for a personal injury claim?

Answer 10

3 years from the date of injury

(s11 LA 1980)

Question 11

What is the limitation period for a claim under the Consumer Protection Act 1987?

Answer 11

10 years

(s11A LA 1980)

Question 12

What is the limitation period for a non-personal injury claim in tort?

Answer 12

6 years

(s2 LA 1980)

Question 13

What is the limitation period for a Fatal Accidents Act 1976 claim?

Answer 13

3 years

(s12 LA 1980)

Question 14

When does time start to run for the purposes of limitation?

Answer 14

Time begins to run from the earliest time that an action may be brought, e.g. when facts exist that establish a cause of action.

Question 15

In a personal injury claim, when does the time limit start to operate if it involves someone under 18 years old?

Answer 15

The time limit doesn’t start to operate until they reach their 18th birthday.

Question 16

In a personal injury claim, what happens if the injured person does not have knowledge that their injury was significant at the time or that there was a negligent act?

Answer 16

According to s11 LA 1980, the 3 year time limit only starts when the injured person has acquired that knowledge.

Question 17

How is knowledge defined in s14 LA 1980?

Answer 17

Knowledge is defined as:
1. knowing the injury was significant
2. knowing it was attributable to the act/omission that constitutes negligence, nuisance or breach of duty
3. knowing the identity of the defendant
4. if the act/omission was someone other than the defendant, knowing the identity of that person and additional facts to support the claim against the defendant.

Question 18

When can the limitation period be discretionarily excluded according to s33 LA 1980?

Answer 18

s33 LA 1980 allows for the court to exercise its discretion in excluding the time limit for actions in respect of personal injuries or death.

Question 19

Which types of claims can have the limitation period discretionarily extended?

Answer 19

Judicial review proceedings can have the 3 month time limit extended if good reasons are shown.

Defamation claims can have the 1 year limitation period extended if good reasons are shown.

Question 20

When does the limitation period start when the claimant is under a disability?

Answer 20

According to s28 LA 1980, the time will not start to run until the date upon which that individual has ceased to be under a disability.

Question 21

According to s33 LA 1980, when does the limitation period start to run in claims based on fraud?

Answer 21

When the claimant discovers (or could have reasonably discovered) the fraud.

Question 22

Will the limitation run while a relevant fact is deliberately concealed by the defendant?

Answer 22

No, it will not.

Question 23

If the claim is for relief from the consequences of a mistake, when does time start to run?

Answer 23

When the mistake is discovered or could have been discovered with reasonable diligence.

Question 24

When does time ‘end’ in a claim?

Answer 24

When an action has been brought (received by the court).

Question 25

How would someone pursue a claim against parties that are joint and severally liable?

Answer 25

The claimant can pursue the claim against any one of those parties who are liable (jointly liable) and then that party can seek a contribution from the other parties (severally liable).

Question 26

Which piece of legislation deals with claims against parties who are jointly and severally liable?

Answer 26

Civil Liability (Contribution) Act 1978 (CLCA 1978)

Question 27

What does s1 CLCA 1978 provide for?

Answer 27

Anyone who is liable to another person, whether due to a tort, contract, breach of trust, or otherwise, can seek a contribution from others who are also responsible for the same damage, regardless of the extent of their liability.

Question 28

What does s2 CLCA 1978 provide for?

Answer 28

The court will decide how much each person should contribute based on what is fair and reasonable, considering how much each person is responsible for the damage.

Question 29

What does s3 CLCA 1978 provide for?

Answer 29

If you win a court case against one person who owes you money or caused you harm, you can still take legal action against others who are also responsible for the same debt or harm.

Question 30

Does s3 CLCA 1978 apply to judgments and agreements to settle?

Answer 30

Only to judgments, not agreements to settle.

Question 31

How long does a claim for a contribution under CLCA 1978 have to be brought?

Answer 31

Within 2 years from the date on which the person seeking a contribution is held liable by a judgment given in any civil proceedings (s10 LA 1980).