Chap 2 : Pre Action Considerations

Question 1

1/ Cause of action

2/ identifying parties

3/ means merits and legal aid

4/ Alternative to litigation

Answer 1

1/ Claim in contract
Claim in tort

4/ 5 alternatives

Question 2

5/ limitation periods

6/ costs only proceedings

Answer 2

Tort 6y
Tort with latent damage 3y or 6y, 15y max
Personal injuries 3y
Personal injuries with latent damage 3y court discretion
Death 3y court discretion
Contract 6y
Contract under seal 12y
Recovery of land 12y
Fraud, mistake concealing: from day of discover
Persons with disability 6y