3. Limitation Flashcards
When does the limitation clock start?
At midnight following the date of the cause of action (Matthew v Sedman [2021]).
If the action arises during the day, the clock starts the next day.
When is an action “brought”?
When the claim form is received by the court (Practice Direction 7A).
Exception: If the claim form differs materially after the time limit, it is not backdated (Guo v Kinder).
Limitation for tort claims?
Six years from the date the cause of action accrues (Section 2, Limitation Act 1980).
Limitation for contract claims?
Six years from the date the cause of action accrues (Section 5, Limitation Act 1980).
Limitation for claiming contribution?
Two years from:
Date of judgment or arbitration award.
Date an amount is agreed upon.
Limitation for personal injury claims?
Three years from:
Date of the cause of action.
Date of claimant’s knowledge (Section 11, Limitation Act 1980).
Limitation for fatal accident claims?
Three years from:
Date of death.
Date of knowledge of the person bringing the action.
(4) What is “date of knowledge”? for s11 and s12 claims
- When the claimant knows:
- The injury is significant.
- The injury is caused by an act/omission.
- The identity of the defendant.
- If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person
Special time limit for negligence actions with unknown facts?
Longer of:
Six years from accrual.
Three years from the “starting date,” defined in subsection (5) - which is when thye had knowledge and right to bring claim
Overriding limitation for non-injury negligence claims?
15 years from the date of the act/omission, regardless of knowledge (Section 14B).
Limitation for enforcing judgments?
Six years from the date the judgment becomes enforceable (Section 24).
General extension of limitation for disability?
General rule: Extended to six years from when disability ends or the person dies.
How does fraud, concealment, or mistake affect limitation periods?
Clock starts when:
The fraud or concealment is discovered.
The mistake is discovered or should have been discovered with diligence (Section 32).
When can courts disapply time limits for personal injuries or death?
Courts can disapply limits if equitable (Section 33).
Factors include:
Prejudice to claimant/defendant.
Reasons for delay.
Impact on evidence quality.
Does subsequent lack of capacity after an injury affect limitation periods?
No, a lack of capacity developing after the injury does not qualify as a disability under the Limitation Act 1980.
.
Disability extension for Personal Injury Claims
Extended to three years instead of six.
Disability extension for Land recovery or money charged on land
Absolute limit of 30 years from accrual, regardless of disability.
Disability Extension for Libel or slander:
One-year extension from the end of disability.
Disability Extension for Enforcing Judgements
Reduced extension to two years instead of six
Disability Extension for Defective Products and Consumer Protection Act
No extension under general rules.
