Disputes Resolution Limitation Period

Question 1

What are limitation periods Generally?

Answer 1

1. Contract
   - 6 years from breach; OR
   - 12 years if deed
2. Tort (non-PI)
   - 6 years from date of damage suffered; OR
   - 3 years from date of knowledge (15 long stop)
3. Death or PI
   - 3 years from action/date of knowledge; or
   - 3 years from death/date of knowledge of PR (if died within 3 years)
4. Latent Defects in Construction
   - 6 years from breach
   - 3 years from knowing/ought to have known // 15 year long stop
5. Consumer Protection Act
   - 3 years from damage/injury or 3 years from date of knowledge
   - 10 year long stop

Question 2

What is date of knowledge in tort claims

Answer 2

Know material facts to start investigating including:
- damage occurred and
- is attributable in full/part to negligence of identified defendant

Question 3

What is date of knowledge for PI

Answer 3

Date the knew of:
- injury was significant;
- injury attributable in whole/part to negligence of;
- identified defendant

Question 4

When does limitation period start and end

Answer 4

Start:
- as set out
- minor then on 18th birthday
- incapable then when have capacity

End
- claim form properly issued to court with fee
- if ends on day court is closed then lasts till next day it is open