3 Limitation

Question 1

PD16 para 13.1: Details re limitation in defence

Answer 1

The defendant must give details of the expiry of any relevant limitation period relied on.

Question 2

PD7A para 5.1 - 5.4: stopping calculation of limitation period

Answer 2

5. 1 Proceedings are started when the court issues a claim form at the request of the claimant but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is ‘brought’ for the purposes of the Limitation Act 1980 and any other relevant statute on that earlier date.
6. 2 The date on which the claim form was received by the court will be recorded by a date stamp either on the claim form held on the court file or on the letter that accompanied the claim form when it was received by the court.
7. 3 An enquiry as to the date on which the claim form was received by the court should be directed to a court officer.
8. 4 Parties proposing to start a claim which is approaching the expiry of the limitation period should recognise the potential importance of establishing the date the claim form was received by the court and should themselves make arrangements to record the date.

Question 3

r20.7(2): When is Part 20 claim commenced for limitation purposes

Answer 3

(2) An additional claim is made when the court issues the appropriate claim form.
(Rule 7.2(2) provides that a claim form is issued on the date entered on the form by the court)
also LA1980 s35(1)(a)

Question 4

Limitation period for fraudulent breach of trust

Answer 4

None - LA 1980, s21(1)(a)

Question 5

Limitation period for Recovery of Land

Answer 5

12 years - LA 1980, s15(1)

Question 6

Limitation period for Recovery of money secured by mortgage

Answer 6

12 years - LA 1980, s20(1)

Question 7

Limitation period for Specialty

Answer 7

12 years - LA 1980, s8(1)

Question 8

Limitation period for Recovery of a sum due under statute

Answer 8

6 years - LA 1980, s9(1)

Question 9

Limitation period for Enforcement of a judgment

Answer 9

6 years - LA 1980, s24(1)

Question 10

Limitation period for Contract

Answer 10

6 years - LA 1980, s5

Question 11

Limitation period for Recovery of a trust property and breach of trust

Answer 11

6 years - LA 1980, s21(3)

Question 12

Limitation period for Recovery of arrears in rent

Answer 12

6 years - LA 1980, s19

Question 13

Limitation period for Tort (unless listed below)

Answer 13

6 years - LA 1980, s2

Question 14

Limitation period for Defective Premises Act 1972 claims

Answer 14

accrues upon completion or after further work done; DPA 1972 s1(5)

Question 15

Limitation period for Personal injuries claim

Answer 15

3 years - LA 1980, s11(4)

Question 16

Limitation period for Fatal Accidents Act 1976 claims

Answer 16

3 years - LA 1980, s12(2)

Question 17

Limitation period for PI/property damage under CPA 1987

Answer 17

3 years - LA 1980, s11A

Question 18

Limitation period for Carriage by Air Act 1961 claims

Answer 18

2 years - CAA 1961, sch 1

Question 19

Limitation period for passenger PI/PI/vessel/cargo/property damage at sea

Answer 19

2 years - Merchant Shipping Act 1995 s190(3)

Question 20

Limitation period for Contribution - CL(C)A 1978

Answer 20

2 years - LA 1980 s10(1)

Question 21

Limitation period for Contribution - Maritime Conventions Act 1911

Answer 21

1 year - MSA1995 s 190(4)

Question 22

Limitation period for Defamation/malicious falsehood

Answer 22

1 year - LA 1980 s4A

Question 23

Limitation period for HRA 1998 s7(1)(a) claims

Answer 23

1 year - HRA 1998 s7(5)

Question 24

Limitation period for JR applications

Answer 24

3 months - r54.4

Question 25

Limitation period for Unfair dismissal under Employment Rights Act 1996

Answer 25

3 months - ERA 1996 s111(2)

Question 26

LA 1980 s36(1): when time limits shall not apply

Answer 26

(1) The following time limits under this Act, that is to say—
…
shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the M1Limitation Act 1939 was applied before 1st July 1940.

Question 27

LA 1980 s36(2): which defences are preserved

Answer 27

Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

Laches: D has detrimentally relied on delay in bringing a claim
Acquiescence: applies where there has been encouragement or allowance of a party to believe something to his detriment

Question 28

LA 1980 Sch 1 para 1: Recovery of land accrual date

Answer 28

Where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action shall be treated as having accrued on the date of the dispossession or discontinuance.

Question 29

LA 1980 Sch 1 para 4: Recovery of land accrual date if future interest

Answer 29

The right of action to recover any land shall, in a case where—
(a)the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest; and

(b)no person has taken possession of the land by virtue of the estate or interest claimed;

be treated as having accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.

Question 30

LRA 2002 Sch 6/12: Right to register as proprietor after adverse possession

Answer 30

Sch 6 para 1

(1) : A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.
(3) However, a person may not make an application under this paragraph if—
(a) he is a defendant in proceedings which involve asserting a right to possession of the land, or
(b) judgment for possession of the land has been given against him in the last two years.

para 5 (paraphrased)

(1) … only entitled to be registered as the new proprietor of the estate if any of the following conditions is met.
(2) The first condition is that—
(a) unconscionable because of an equity by estoppel to dispossess the applicant, and
(b) the circumstances are such that the applicant ought to be registered as the proprietor.
(3) The second condition is that the applicant is for some other reason entitled to be registered as the proprietor of the estate.
(4) The third condition is that—
(a) the land is adjacent to the applicant’s land,
(b) the exact boundary has not been determined,
(c) for at least 10 years of the adverse possession, the applicant reasonably believed that the land belonged to him, and
(d) the estate was registered more than one year prior to the date of the application.

Question 31

LA 1980 s 20: When does mortgage shortfall accrue

Answer 31

accrues when principal money becomes payable; usually date of first default

Question 32

LA1980 s11(4): When does time start running for PI cases

Answer 32

Except where subsection (5) below applies, the period applicable is three years from—

(a) the date on which the cause of action accrued; or
(b) the date of knowledge (if later) of the person injured.

(5) If the person injured dies before the expiration of the period mentioned in subsection (4) above, the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934 shall be three years from—
(a) the date of death; or
(b) the date of the personal representative’s knowledge;
whichever is the later.

Question 33

LA1980 s 14(1): What is ‘date of knowledge’

Answer 33

(1) … references to the date on which he first had knowledge of the following facts—
(a) that the injury in question was significant; and
(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 defendant; 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 the defendant;

and knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant.

Question 34

LA1980 s14(3): ‘person’s knowledge’ in regards to ‘date of knowledge’

Answer 34

(3) For the purposes of this section a person’s knowledge includes knowledge which he might reasonably have been expected to acquire—
(a) from facts observable or ascertainable by him; or
(b) from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek;

but a person shall not be fixed under this subsection with knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.

Question 35

LA1980 s14(3): ‘significant injury’ in regards to ‘date of knowledge’

Answer 35

For the purposes of this section an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

Question 36

LA 1980 s33(1): Overriding 3 year limit on PI claims

Answer 36

(1) If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—

(a) the provisions of section 11or 12 of this Act prejudice the plaintiff or any person whom he represents; and
(b) any decision of the court under this subsection would 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 cause of action to which the action relates.

Question 37

LA 1980 s33(3): overriding limit on PI claims; factors for consideration

Answer 37

court shall have regard to all the circumstances of the case and in particular to—

(a) the length of, and the reasons for, the delay on the part of C;
(b) the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by C or D is or is likely to be less cogent than if the action had been brought within the time allowed …;
(c) the conduct of D after the cause of action arose, including the extent (if any) to which he responded to requests reasonably made by C for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff’s cause of action against D;
(d) the duration of any disability of C arising after the date of the accrual of the cause of action;
(e) the extent to which C acted promptly and reasonably once he knew whether or not the act or omission of D, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;
(f) the steps, if any, taken by C to obtain medical, legal or other expert advice and the nature of any such advice he may have received.

Thompson v Brown: court has unfettered discretion and is not limited to matters set out is s33(3); must balance all relevant circumstances

(a) an additional factor could be if C has an alternative claim in negligence against his solicitor for failing to issue proceedings in time
(b) period of delay between accident and D being informed of claim (can’t complain if given early notice even if proceedings issued late)
(c) reluctance to sue present employer or if D had no money to pay.

Question 38

when does time run in the case of fatal accidents/death

Answer 38

FAA 1976: time runs in claims brought by dependents under FAA 1976 from date of death or ‘date of knowledge’

LR(MP)A 1934: time runs from date of death or PR’s ‘date of knowledge’

Question 39

when does time run in the case of injury due to defective products

Answer 39

CPA 1987 claims related to PI or property damage must be brought within 10 years and accrue on date of damage or ‘date of knowledge’

Question 40

When does time run for contribution claims

Answer 40

Accrue on date the amount of underlying liability is fixed, disregarding any possible appeal (judgment or settlement)

Question 41

LA1980 s 14A/B: Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual.

Answer 41

Latent Damage
14A(1): This section applies to any action for damages for negligence, other than one to which section 11 of this Act applies (PI), where the starting date for reckoning the period of limitation under subsection (4)(b) below falls after the date on which the cause of action accrued.

14(A)(4):That period is either—

(a) six years from the date on which the cause of action accrued; or
(b) three years from the starting date as defined by subsection (5) below, if that period expires later than the period mentioned in paragraph (a) above.

Question 42

LA 1980 s14A: Latent damage starting date for accural

Answer 42

14A(5): starting date for reckoning the period of limitation under subsection (4)(b) above is the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action.

Question 43

LA 1980 14A: Latent damage: definition of person’s knowledge

Answer 43

14A(10): person’s knowledge includes knowledge which he might reasonably have been expected to acquire—

(a) from facts observable or ascertainable by him; or
(b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;

but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.

Question 44

LA 1980 14A: Latent damage: definition of knowledge required to bring an action

Answer 44

(6) In subsection (5) above “the knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge both—
(a) of the material facts about the damage in respect of which damages are claimed; and
(b) of the other facts relevant to the current action mentioned in subsection (8) below.
(7) For the purposes of subsection (6)(a) above, the material facts about the damage are such facts about the damage as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.
(8) The other facts referred to in subsection (6)(b) above are—
(a) that the damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence; and
(b) the identity of the defendant; and
(c) 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 the defendant.
(9) Knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (5) above.

Question 45

LA 1980 s14B: overriding limit for latent damages

Answer 45

(1) An action for damages for negligence, other than one to which section 11 of this Act applies (PI), shall not be brought after the expiration of fifteen years from the date (or, if more than one, from the last of the dates) on which there occurred any act or omission—
(a) which is alleged to constitute negligence; and
(b) to which the damage in respect of which damages are claimed is alleged to be attributable (in whole or in part).

(2) This section bars the right of action in a case to which subsection (1) above applies notwithstanding that—
(a) the cause of action has not yet accrued; or
(b) where section 14A of this Act applies to the action, the date which is for the purposes of that section the starting date for reckoning the period mentioned in subsection (4)(b) of that section has not yet occurred;

before the end of the period of limitation prescribed by this section.

Question 46

LA 1980 s24(2): Limit of interest related to enforcement of judgment limitation

Answer 46

No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Question 47

LA 1980 s29 and 30: effect of part payments

Answer 47

29: (paraphrase) acknowledging land title or debt and making part payment have effect of renewing limitation period from date of acknowledgement/payment
(6) A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.
(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

30:

(1) …, an acknowledgment must be in writing and signed by the person making it.
(2) …, any acknowledgment or payment—
(a) may be made by the agent of the person … required to make it under that section; and
(b) shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

Question 48

Extension of judicial review limitation period

Answer 48

can be extended if good reasons are shown

Question 49

LA 1980 32A: Extension of defamation limitation period

Answer 49

(1) If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—
(a) the operation of section 4A of this Act prejudices the plaintiff or any person whom he represents, and
(b) any decision of the court under this subsection would prejudice the defendant or any person whom he represents,the court may direct that that section shall not apply to the action or shall not apply to any specified cause of action to which the action relates.

(2) … the court shall have regard to all the circumstances of the case and in particular to—
(a) the length of, and the reasons for, the delay on the part of the plaintiff;
(b) where the reason or one of the reasons for the delay was that all or any of the facts relevant to the cause of action did not become known to the plaintiff until after the end of the period mentioned in section 4A—
(i) the date on which any such facts did become known to him, and
(ii) the extent to which he acted promptly and reasonably once he knew whether or not the facts in question might be capable of giving rise to an action; and
(c) the extent to which, having regard to the delay, relevant evidence is likely—
(i) to be unavailable, or
(ii) to be less cogent than if the action had been brought within the period mentioned in section 4A.

Question 50

LA 1980 s28: When does time start to run against a child or person with a disability

Answer 50

(1) … if on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period of limitation has expired.
(2) This section shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims.

Question 51

LA 1980 s32: when does time start to run for fraud, concealment or mistake

Answer 51

(1) … where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.