Commencing Proceedings & Limitation

Question 1

HIGH COURT CLAIMS

Answer 1

Non PI claims over £100,000 can be in either High or County Court.

PI claims of £50,000 or more can be in either court.

Question 2

COUNTY COURT

Answer 2

Non PI claims up to £100,000.

PI claims of less than £50,000

Question 3

Rules Governing Commencement CPR 7

Answer 3

1. Consider value of the claim: disregard interest, costs, counterclaim, contributory Meg, deduction of social security benefits
2. Complexity
3. Importance of outcome to the public

Question 4

PI CLAIMS LIMITATION

Answer 4

3 years from the date of the cause of action or date of Knowledge

Question 5

Fatal Accident

Answer 5

A claim cannot be brought of the person injured could no longer bring a claim.
Apply PI rules

Claim cannot be brought after 3 years from the later of:
I. Date of death
Ii. The date of knowledge of the dependent

Question 6

Negligence Limitation

Answer 6

6 years from the date of causation or 3 years from when had the requisite knowledge.

Question 7

Judgement

Answer 7

An action to enforce a judgement cannot be brought after 6 years from when the judgement became enforceable, nor can interest be recovered after that period.

Question 8

Tort & Breach of Contract

Answer 8

6 years

Question 9

Disability

Answer 9

Limitation runs from the end of the disability

2 years in relation to contribution claims
3 years in relation to PI or fatal accidents
6 years in most other cases

A person is under a disability whilst they are a minor or lacks mental capacity to conduct processings

Question 10

Fraud

Answer 10

When the fraud was discovered