Dispute Resolution - Pre-Action Considerations: Limitation

Question 1

Limitation Periods

Answer 1

Breach of contract: 6 years

Tort claims involving PI and fatal accidents: 3 years

Other tort claims: 6 years

Claims for defamation: 1 year

Claims for unfair dismissal: 3 months

Question 2

Limitation period for tort claims

Answer 2

Period begins when the tort is committed (date of accrual)

This is sometimes unfair - in some situations the limitation begins to run when C first gains knowledge that they have a claim

Exception: in clinical negligence the period begins on the date of C’s knowledge of the negligence

Question 3

Limitation period in contract claims

Answer 3

Time period begins on the date after the breach of contract

Question 4

Limitation period for latent defects

Answer 4

Latent Damage Act 1986

If limitation period expires before a party is aware claim exists

If defect appears after the 6 year contract limitation period expires defects in buildings:

3 years from the date C knew or ought to have known material facts giving rise to the claim but no more than 15 years after any act or omission causing the loss occured (i.e. breach of contract)

Question 5

Amendment of Claim and Limitation

Answer 5

Claimant may amend the claim after the limitation period has expired so far as the existing parties are concerned (e.g. amending defendant’s name if incorrectly spelt)

Claimant may not amend the claim to include a new defendant after the limitation period has expired as this would be statute barred

Question 6

Minor Claimants

Answer 6

Limitation period begins on minor’s 18th birthday irrespective of when the claim accrued

Question 7

Claimant who lacks capacity

Answer 7

Limitation period does not start running until claimant of sound mind

If claimant has capacity when the action accrues the clock will not stop running even if they lose capacity during limitation period

Question 8

Date of knowledge

Answer 8

Claimant had knowledge of all the facts establishing all of the essential elements of he claim

Knowledge of causation is also required

Must be able to identify defendant

Question 9

Fraud or concealment & Mistake

Answer 9

Limitation period does not start running until fraud, concealment or mistake discovered or when it could have been discovered with reasonable dilligence