General Matters & Limitation Flashcards
When must a claim be commenced in the County Court?
- less than £50,000 for PI claims
- less than £100,000 for non-PI claims
When can a claim be commenced in the High Court?
- more than £50,000 for PI claims
- more than £100,000 for non-PI claims
When will a case be allocated to the small claims track?
- claims up to £5000; or
- PI claims of £1000 or less
When will a case be allocated to the fast track?
more than £5000, but less than £25,000
When will a case be allocated to the multi-track?
When it has a value of more than £25,000. The court will also consider:
- complexity of the case
- financial value of counter-claim
- the amount of oral evidence required
What is the limitation period for an estate claim and fatal accident claim?
3 years
What is the limitation period for a tort claim that does not include PI/fatal accidents?
6 years
What is the limitation period for a tort claim that includes PI?
3 years
What is the limitation period for a tort claim that includes fatal accidents?
3 years
What is the limitation period for a breach of contract?
6 years
What is the limitation period for a claim of contribution?
2 years
What is the limitation period for a claim in latent damage?
6 years or (if later) 3 years from the starting date when the claimant had the right and knowledge to bring a claim.
This is subject to a 15 year long-stop
What is the limitation period for claims brought by disabled people that includes PI?
3 years from the time the person ceases to be under the a disability
What is the limitation period for claims brought by disabled people that excludes PI?
6 years from the time the person ceases to be under the a disability
Can a limitation period be disapplied?
yes, for PI cases
