Causes of Action and Limitation

Question 1

What is a cause of action?

Answer 1

The fact or combination of facts that gives a person a right to seek a legal remedy.
Claims can be concurrent.

Question 2

What is limitation?

Answer 2

Concerns the rules relating to the time limits within which civil claims must be made.

Question 3

What is a limitation period?

Answer 3

Strict time limit between the cause or causes of action and the commencement of litigation relating to that event.
Offers defendant a technical defence.
General rule that claimant cannot bring a claim outside of limitation period.

Question 4

Limitation period for breach of contract (s5 Limitation Act 1980)

Answer 4

Six years from the date the contract was breached.

Question 5

Limitation period for a personal injury (s11 Limitation Act 1980)

Answer 5

Three years from the date of the injury, with exceptions.

Question 6

Limitation period for claims under the Consumer Protection Act 1987 (S11A 1980)

Answer 6

Ten years

Question 7

Limitation period for non-personal injury claims in tort (s2 Limitation Act 1980)

Answer 7

Six years

Question 8

Limitation period for claims under the Fatal Accidents Act 1976 (S12 Limitation Act 1980)

Answer 8

Three years.

Question 9

When does the limitation period start to run for minors?

Answer 9

When they reach 18 years old.

Question 10

When does the time start to run for disabled claimants? - s28 Limitation Act 1980

Answer 10

Only starts to run once they are no longer disabled.

Question 11

What special rules apply to personal injury claims, under s14 Limitation Act 1980?

Answer 11

The time does not start to run where the defendant does not have knowledge:
- Of the significance of the injury;
- 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;
- Of 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 and the additional facts to support the bringing of an action against the defendant.
Time starts to run once this knowledge has been acquired.

Question 12

When will the claimant have constructive knowledge under s14(3) Limitation Act 1980?

Answer 12

The claimant will have constructive knowledge where the claimant ought to have realised they have a claim from the facts available to them, for example, a medical report.

Question 13

For what type of claims do the court have discretion to extend the statutory limitation under s33 LA 1980?

Answer 13

• Personal injury or death claims.
• Judicial review.
• Defamation.

Question 14

What are the six factors that the court must consider in deciding if it is equitable to disapply the limitation period?

Answer 14

a) The length of and the reasons for the delay on the part of the claimant;
b) The extent to which the delay is likely to affect the evidence adduced or likely to be adduced.
c) The conduct of the defendant after the cause of action arose, including response to requests for information by the claimant.
d) The duration of any disability of the claimant arising after the date of the cause of action.
e) The extent to which the claimant acted promptly and reasonably once they had the relevant knowledge to bring an action.
f) The steps, if any, taken by the claimant to obtain advice, including expert or legal advice, and the nature of such advice.

Question 15

What special rules apply for fraud under s33 Limitation Act 1980?

Answer 15

Limitation period does not begin to run until the claimant discovers (or could with reasonable diligence have discovered) the fraud.

Question 16

What special rules apply for concealment under s33 Limitation Act 1980?

Answer 16

Limitation period does not run whilst a relevant fact is concealed by the defendant.

Question 17

What special rules apply for mistake under s33 Limitation Act 1980?

Answer 17

Time does not run until the mistake is discovered or could have been discovered with reasonable diligence.