8 Limitation Flashcards
What is the limitation period for contribution?
2 years
What is the limitation period for fatal accidents?
3 years from the date of death or date of knowledge of the person whose benefit the proceedings are brought
What is the limitation period for tort?
6 years
What is the limitation period for breach of contract?
6 years
If a claimant does not deliver the claim form to court by the last day of the limitation period…
He has no right to remedy
Limitation: 4 situations
- Extensions of limitation due to disability
- Postponement of limitation in cases of fraud, concealment or mistake
- The date of knowledge re latent damage claims and personal injury
- On the date the cause of action accrued
Whatever is the latest
When does the “limitation clock stop”?
When the claimant delivers the claim form to court
What is tort (not causing personal injury) limitation period?
6 years
What is trespass limitation period?
6 years from the date of the harmful act
In any claim for specific performance (remedy) of a contract or for an injunction or for other equitable relief s36(1) states the time limit under the limitation act
Shall not apply unless the court applied “by analogy”. Court may also refuse on grounds of acquiescence (needs to be many years before relief is refused)
Contribution claims run from the “relevant date” which is…
• the date the judgment was given or in an arbitration when the award was given or
• the date a person agreed to the amount she would make in contribution
Personal injury limitation period is set out under
Section 11 and the period is for 3 years
Regarding personal injury, the date of knowledge (s14 LA 1980) is when the claimant has the following knowledge
• that the injury is significant
• that it is attributable to the act or omission
• the identity of the defendant(s)
• the identity of anyone with vicarious liability
In what type of claims do the court have the power to exclude or dis-apply the limitation period?
Personal injury claims or death (s33(3) Limitation Act 1980)
What is the limitation period for latent damage?
s14(A)
• 6 years from the accrual (date of damage)
• 3 years from date of knowledge of defendants identity, the damage is sufficiently serious to justify proceedings and the damage was caused by negligence
s14(B)
• 15 years after the alleged act or omission
What is the time limit to enforce judgments?
6 years from the date the judgment became enforceable. Arrears of interest in respect of any judgment debt is not recoverable after 6 years from the date the interest became due
If the claimant is a child at the date of the cause of action when does the limitation period begin?
A minor is considered disabled under the limitation act 1980. The “clock” begins when the child turns 18 and is no longer “disabled”
In the case of disability under (s28 and 38(2)) the Limitation Act 1980, when does the period begin?
When a person ceases to be disabled.
When does the limitation period begin in cases of fraud concealment or mistake?
Only when the fraud, concealment or mistake is discovered or could have been discovered WITH REASONABLE DILIGENCE (s32 limitation act 1980)
What would happen if a claimant filed a claim after the end of the limitation period?
He may still serve the claim form, but limitation would be a complete defence for the defendant to plead the claimants case is time / statute barred. The defendant could then apply for strike out or summary judgment
Date of knowledge normally refers to…
And starting point / date usually refers to
Personal injury
Latent damage
What will the courts consider when looking on disapplying the limitation period for PI and FA? (a-f)
a) length and reason for delay
b) will the evidence have been affected by the delay?
c) conduct of D reasonably replying to C etc
d) duration of any disability
e) extent of which C acted promptly after date of knowledge
f) steps taking by C to get legal advice or medical advice and what the nature of that advice was
