DR 2

Question 1

What is the outcome where a solicitor incurs costs advancing a claim which is statute-barred?

Answer 1

They will be deemed negligent and not acting in client’s best interests

Question 2

How can a limitation period be used as a defence?

Answer 2

A defendant an raise the passage of the limitation period as a defence if a claimant commences an action after the applicable limitation period expired.

Question 3

What is the longstop limitation period for latent defects, after which no actions can be brought?

Answer 3

Fifteen years from accrual, which is usually completion of the project

Question 4

What is the limitation period for breach of contract claims?

Answer 4

Six years from when the breach occurs

Question 5

What is the limitation period for most claims in tort?

Answer 5

• Six years from the time the action accrued (when the tortious act occurred)* If the tort was not readily apparent on accrual, 6 years from when the claimant gained knowledge of the tort (including knowledge of who caused the tort)

Question 6

What is the limitation period for personal injury and fatal accident claims?

Answer 6

Three years from accrual or knowledge

Question 7

What is the limitation period for defamation claims?

Answer 7

One year

Question 8

What is the limitation period for unfair dismissal claims?

Answer 8

Three months

Question 9

What is the long stop limitation for latent defects?

Answer 9

Fifteen years

Question 10

In a tort action, when does the limitation period begin running?

Answer 10

Generally, from the date the cause of action accrues, i.e. when the tort occurs

Question 11

In a tort action where the claimant’s injury is not apparent, when does the limitation period begin running?

Answer 11

When the claimant first gains knowledge that they have a claim

Question 12

In a tort action, when is the date of knowledge considered to be?

Answer 12

The point at which the claimant had sufficient knowledge of all the facts to commence investigations into the potential claim against the defendant

Question 13

In a tort action, does the claimant need to know the precise details in order for the date of knowledge to start the timer?

Answer 13

No, sufficient information is enough

Question 14

In a clinical negligence tort action, the date of knowledge does not occur until the claimant has knowledge of what four things?

Answer 14

1. That the injury is significant2. That it is attributable in whole or part to the act or omission alleged3. Knowledge of the defendant4. Identity of any other actors if it is they who did the conduct, not D (e.g. hospital/doctor situation)

Question 15

In a tort action, in addition to knowing they have an injury, what must a claimant know?

Answer 15

Causation, i.e. that the injury arose from a negligent act or omission of an identified defendant

Question 16

What is the effect of the injured party dying on the limitation period in tort?

Answer 16

If the victim died within 3 years of the accrual date, the limitation period is:* 3 years from the date of death or* 3 years from when the deceased’s PRs gained knowledge of the tortQuery sent

Question 17

In a contract action, when does the limitation period begin running?

Answer 17

When the breach occurs (the accrual date)

Question 18

What is a make good clause in a contract and can they be used to override statutory limitation periods?

Answer 18

They are clauses, typically in construction contracts, that the construction company will make good on any defects for a period, usually 1-2 years, after construction.They do not prevent a simple contract action within the normal 6 year period, they only apply to the duty to ‘make good’ where they expressly limit the period and are reasonable per Unfair Contract Terms Act 1977.

Question 19

What is a latent defect?

Answer 19

A defect in property caused by fault in design, materials, or workmanship that existed at the time construction was completed but was not apparent at that time

Question 20

Where there is a latent defect, what limitation period is available in addition to the general rule of six years from the date of accrual?

Answer 20

Three years from the earliest date on which the claimant knew or ought reasonably to have known material facts necessary to bring an action subject to a longstop of 15 years.

Question 21

Is it possible to expressly shorten a limitation period in a contract?

Answer 21

Yes, but this will be subject to reasonableness requirements under the Unfair Contract Terms Act 1977 (see contract law slide deck 7: Exclusion Clauses)

Question 22

Procedurally, when does time begin to run relative to the date the cause of action accrues?

Answer 22

The day after the date of accrual

Question 23

Procedurally, when does time stop running?

Answer 23

When the claimant delivers the properly completed claim form to the court with a request to issue together with the appropriate fee

Question 24

What occurs if the limitation period expires on a day when the court office is closed?

Answer 24

The action will still be on time as long as the documents/fee are filed on the next business day

Question 25

Is it possible to add a new party to proceedings after the limitation period has expired?

Answer 25

No, unless an application to disapply the limitation period is made to the court

Question 26

After the expiry of the limitation period, is it possible to amend the name of a mistakenly spelled defendant who has been correctly identified in proceedings which were originally filed on time?

Answer 26

Yes

Question 27

When does the limitation period period begin to run where a claimant is a minor?

Answer 27

On their 18th birthday

Question 28

When does the limitation period period begin to run where a claimant lacks capacity at the time of accrual?

Answer 28

When they are certified as being of sound mind

Question 29

If a claimant has capacity at the time of accrual and subsequently loses capacity, is the clock paused?

Answer 29

No

Question 30

When does the limitation period begin to run in cases of (1) fraud or concealment or (2) relief from the consequences of a mistake?

Answer 30

When the claimant discovers the fraud/concealment or mistake, or could have done so with reasonable diligence