General Matters, Limitations, PAC

Question 1

when can a claim be started in the county court?

Answer 1

PI claims less than £50k

money claims less than £100k

Question 2

when can a claim be started in the high court?

Answer 2

PI claims more than £50k

money claims more than £100k

Question 3

what factors will the court consider when deciding where to allocate a claim?

Answer 3

• financial value of the claim
• complexity of the facts, legal issues, remedies/procedures
• importance of the outcome of the claim to the general public

Question 4

what is the limitation period for a claim in tort?

Answer 4

6 years

Question 5

what is the limitation period for a contract claim?

Answer 5

6 years

Question 6

what is the limitation period for a PI claim?

Answer 6

3 years

Question 7

what is the limitation period for a fatal accidents claim?

Answer 7

3 years

Question 8

what is the limitation period for a claim in contribution?

Answer 8

2 years

Question 9

what happens in PI claims where the injured person is injured or has died before the expiration of their limitation period?

Answer 9

the limitation period is extended by 3 years from the date of the death or when the legal rep has knowledge of it.

Question 10

what is defined as the date of knowledge?

Answer 10

• the injury is significant
• the injury was caused by an act or omission
• they are aware of D’s identity
• they are aware if the identity of any other person other than D and all other supporting facts

Question 11

what is the limitation period fir actions brought under s.14 Limitation Act 1980?

Answer 11

6 years (or if later) 3 years from the ‘starting date’ when the claimant had a right to bring a claim and the knowledge required for bringing a claim.

Question 12

what is the overriding / long stop time limit for negligence actions not involving PI?

Answer 12

15 years

Question 13

what should a pre-action letter contain?

Answer 13

concise details of the claim:

• basis on which claim is made
• summary of the facts
• what C wants from D
• if money is sought, how it is calculated

Question 14

what should D’s response to a claim letter contain?

Answer 14

• whether the claim is accepted or not
• if not accepted, reasons why
• explanation on disputed facts
• whether D will be making a counterclaim + reasons

Question 15

what will the court disregard during allocation?

Answer 15

• any sum not in dispute
• interest
• costs
• contributory negligence
• counterclaims

Question 16

what happens is a party does not comply with PAC?

Answer 16

• the party may be relieved from their pre-action obligations
• proceedings may be stayed to enable compliance
• sanctions can be applied