DR - Pre-action

Question 1

When must a claim form be issued?

Answer 1

Before the limitation date so the limitation defence doesn’t arise

Question 2

What is the limitation date for contractual claims?

Answer 2

6 years from when breach occurs

Question 3

What are the possible consequences for not complying with a pre-action protocol?

Answer 3

Court decides whether consequences are merited

• Most likely will relate to costs and interest
• May stay proceedings until relevant steps are taken
• Can ask for an explanation

Question 4

How can non-compliance with a pre-action protocol be justified?

Answer 4

1. Where limitation period was about to expire (protective) 🕰️
2. Another reason for urgent proceedings such as without notice applications. 🤫

Question 5

What’s the limitation period for PI?

Answer 5

3 years later of:
- cause happened
- knowledge of person injured

Question 6

What’s the limitation for Fatal Accidents

Answer 6

brought by dependant on behalf of employee against employer:
3 years from later of:
- date of death
- knowledge of dependant

Question 7

What is knowledge for the purpose of ‘date of knowledge’?

Answer 7

knowing that:
- injury was significant 🩻
- attributable to a wrong 💥
- identity of D 🥸😳

Question 8

Can claims for PI and fatal accidents be extended?

Answer 8

Yes. Court will consider
- conduct 🤬
- reason for delay 🕰️
- effect on evidence 📄

Question 9

What’s ‘contribution’?

Answer 9

D claim contribution from another person if they are also liable for damage

Question 10

What is the time limit for contribution?

Answer 10

2 years from the date of the right to recover arose:
- judgement given against the 1st party
- if no judgement - date on which liability agreed

Question 11

What is the time limit for latent damage?

Answer 11

later of:
- 6 years from action
- 3 years from knowledge & right to bring claim
- 15 year long-stop from date of latest negligent act which caused all of part of damage

Question 12

What is the limitation date for tortious claims?

Answer 12

6 years from when innocent party suffers recoverable loss from breach

Question 13

What is the latest date that a judgement can be enforced?

Answer 13

6 years from when judgement became enforceable

Question 14

What effect does disability have?

Answer 14

limitation period runs from date disability ends:
- 2 years for contribution
- 3 years for PI and fatal accidents
- 6 years everything else

Question 15

What effect does fraud have?

Answer 15

limitation does not start running until:

• C discovered Fraud, error, mistake,
  OR
• C could reasonably have discovered it with due dilligence

Question 16

Who can bring a claim for fatal accident?

Answer 16

dependants

Question 17

What are the special pre-action rules for PI?

Answer 17

• write to D with brief details
• parties to consider re-hab needs
• C issue letter of claim
• D acknowledge letter in 21 days
• D to provide full response within 3 months of the letter acknowledging claim. If D denies then:
• disclosure
• Select experts

(time doubled if accident / any D is outside the UK)