CIVIL - LIMITATION - UNIT 2 Flashcards
Date from which limitation calculated
Cause of Action Part-way through a day:
if a cause of action starts part-way through a day (say 2pm), that day is excluded from time limits.
Date from which limitation calculated
Midnight deadline:
if you miss a midnight deadline, the legal consequences start right away on that very day, and the next day is counted when calculating time limits
Issue: A claim form is “issued” on the date ..
entered on the form by the court
Proceedings start:
when the court issues a claim form at the request of the claimant.
Action brought:
Not at the date when is issued but on the date when the court received it (so on the earlier date)
Incorrect fee and future amendments:
The time stops when the claim is issued even if the incorrect fee is paid to the court and adjustments (recalculations) are needed. The same is valid for any future amendments brought within the time limit (as long as they are not considered abusive).
Stay of proceedings:
applies to every step of the procedure including issuing a claim form and the period of a stay of proceedings did not count towards the time limit for service of a claim form.
Time limit for actions founded on tort -
6 years (from the date on which the cause of action accrued).
Time limit for actions founded on simple contract -
6 years (from the date on which the cause of action accrued).
Special time limit for claiming contribution for damages:
2 years (starts from the date the decision is made not the date the damages were made)
Special time limit for claiming contribution for damages: 2 years (starts from the date the decision is made not the date the damages were made)
This applies if there is a decision:
- Agreed by the person to compensate
- Decided by a court (excluding variations on appeal)
- Decided on arbitration
Context: 2 companies liable for building a site are sued and found both liable, but only 1 pays damages in full, then the other one has a right to claim contributions
Personal Injury Claims: time limit
3 years (from the date the cause of action accrued or the date of the injured person’s knowledge, whichever is later)
Personal Injury Claims: time limit
If the injures person dies (bring actions on behalf of B’s estate) =
3 years (from the date of death or the personal representative’s knowledge of the link between death and injuries, whichever is later)
Fatal Accidents = time limit
- 3 years (from the date of death or the date of knowledge of the person for whose benefit the action is brought, whichever is later)
Context: Imagine that an employee dies at work due to the negligent failure of his employer to provide a safe place to work. The Fatal Accidents Act 1976 provides that, in certain circumstances, people who were depending on that employee (perhaps the employee’s children) can claim compensation from the employer.
Definition of date of knowledge:
Refers to the date when the person becomes aware of key facts related to an injury:
(a) Significance of the injury - serious enough to justify legal action (reasonable person test).
(b) Attributable negligence, nuisance, or breach of duty
(c) Identity of the defendant
(d) If another person is involved, their identity and supporting facts
“Knowledge” means being sure enough to start the process of seeking compensation. Once gained, it cannot be lost.
Dates of knowledge includes knowledge which the C might reasonably be expected to acquire from an expert/facts observable by him.
With the help of medical or other expert advice reasonable to seek.
Legal Ignorance Irrelevant: Note that it is knowledge of the facts which permits the limitation period to start running. The claimant may or may not realise that, given those facts, he/she has a claim in negligence. This is not relevant to this test.
