DR - period of limitations

Question 1

What is the limitation period for Personal Injury claims

Answer 1

3 years of the latest of:
- action occurred
- knowledge of person injured

Question 2

What is the limitation period for Fatal Accidents

Answer 2

Limits are:
- same limit as PI for dead person (I.e. if they’ve known for over 3 years).
PLUS
claim cannot be brought after 3 years of the later of:
- date of death
- date of knowledge of dependant

Question 3

What is required for date of knoweldge?

Answer 3

Knowing that:
- Injury was significant
- attributable to wrong doing
- identify of defendant
- identify of person other than the defendant (vicarious liability)

Question 4

What is Latent damage

Answer 4

something unaware of for a long time

Question 5

What is the limitation period for Latent damage

Answer 5

Later of:
- 6 years from when the action accrued
- 3 years from requisite knowledge
NOTE
- 15 year longstop from latest negligent act / omission which caused the damage

Question 6

What is the limitation period for enforcing a judgement

Answer 6

6 years

Question 7

What is the limitation period for enforcing a tort or contract claim

Answer 7

6 years after action

Question 8

What effect does disability have on the time limits?

Answer 8

limitation period starts from when disability ends:
- 2 years contribution claims
- 3 years PI / fatal accidents
- 6 years other cases1

Question 9

When does a person have a disabilty?

Answer 9

• minor (under 18)
• or lacks mental capacity

Question 10

What if the claim is based on a fraud or deliberate concealment?

Answer 10

Limitation does not start to run until the claimant finds out