DISPUTE RES

Question 1

if the damage is latent, the limitation period expires either:

6 years from cause of action
3 years from date of knowledge
no later than 15 years after the date of negligent act or omission.

Answer 1

s 14A Limitation Act 1980

Question 1

court has the discretion to award interest for high court cases in this act

Answer 1

s 35A senior courts act 1981

Question 2

court has the discretion to award interest for county court cases in this act

Answer 2

s 69 County Courts Act 1984

Question 3

if the defendant in civil proceedings has been convicted of a criminal offence that is relevant, the burden of proof is on the defendant.

Answer 3

s11 Civil Evidence Act 1968

Question 4

facts as they are personally perceived, are admissible as opinion evidence

Answer 4

s 3(2) Civil Evidence Act 1972

Question 5

definition of hearsay: a statement made outside court that is repeated in court to prove the truth of the matter stated

Answer 5

1(2) civil evidence act 1995

Question 6

expert evidence definition: is admissible if a person is called as a witness, on his opinion on any relevant matter on which they are qualified to give expert evidence

Answer 6

3(1) civil evidence act 1972