Limitation Flashcards
The limitation act
tort claim
s.2
Expiration of a tort claim is 6 years from the date of the cause of action
The limitation act
contract claim
s.5
Expiration of a contract claim is 6 years from the date of the cause of action
The limitation act
recover contribution
s.10
the claim to recover contribution must not be brought more than two years from the date upon which that right accrued
(an interim payment does not trigger the two-year limitation period)
The limitation act
personal injury claim
s.11
personal injury damages claim
three years from—
(a)the date on which the cause of action accrued; or
(b)the date of knowledge (if later) of the person injured
The limitation act
Special time limit for actions under Fatal Accidents legislation
s.12
the limitation act doesn’t take precedent over an an action under the Fatal Accidents Act 1976, but no such action shall be brought after the expiration of three years from—
(a)the date of death; or
(b)the date of knowledge of the person for whose benefit the action is brought;
whichever is the late
The limitation act
the definition of the date of knowledge for s.11 and s.12
s.14
For the purposes of s.11, an action for personal injuries includes any action for damages for negligence, nuisance or breach of duty
Knowledge is understood by the courts with the facts of when:
(a) that the injury in question was significant; and
(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
(c) the identity of the defendant; and
(d) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant; and knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant.
all 4 must be known for “knowledge” and the list is exhaustive
DOES NOT BEGIN FROM TIME OF KNOWLEDGE THAT THE CLAIM MAY BE STRONG/SUCEED
a person’s knowledge includes knowledge which he might reasonably have been expected to acquire—
(a) from facts observable or ascertainable by him; or
(b) from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek;
knowledge also refers to the date on which he first had knowledge of the following facts—
(a) that the injury in question was significant; and
(b) that the injury was attributable in whole or in part to an accident caused by an automated vehicle when driving itself; and
(c) the identity of the insurer of the vehicle
The limitation act
Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual
s.14 A
negligence actions = 6 years limitation
extended period when new facts come to light for the same negligence = 3 years from knowledge
this could be from
(a) from facts observable or ascertainable by him; or
(b) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek
the extended period will not apply where any fact relevant to the claimant’s right of action has been deliberately concealed from him by the defendant, this would be 6 years limitation
The limitation act
Overriding time limit for negligence actions not involving personal injuries
s.14 B
long stop period of 15 years after the day of the negligence relied on
The limitation act
Time limit for actions to enforce judgments
s.24
an “action” shall not be brought on any
judgment more than 6 years after the date on which the judgment became enforceable
The limitation act
Extension of limitation period in case of disability
s.28
during the period they are a minor or of unsound mind
limitation for those under a legal disability will not start until 6 years after the disability has ended or they have died
THIS MEANS THAT LIMITATION DOES NOT START UNTIL A CHILD REACHES 18 AND WILL ONLY END FROM THE LIMITATION PERIOD STARTING FROM THE DATE OF THIER 18TH BIRTHDAY
The limitation act
Postponement of limitation period in case of fraud, concealment or mistake
s.32
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake
The limitation act
Discretionary exclusion of time limit for actions in respect of personal injuries or death
s.33
gives the court a discretionary power to direct that the limitations of ss.11 or 12 shall not apply
court should have regard to all the circumstances, in particular:
a) the length of, and the reasons for, the delay
(b) the extent to which, having regard to the delay, the evidence adduced by the plaintiff or the defendant is likely to be less clear than if the action had been brought within the time allowed by section 11 ) by section 12;
(c) the conduct of the defendant
(d) the duration of any disability of the plaintiff arising after the date of the accrual of the cause of action;
(e) the extent to which the plaintiff acted promptly
(f) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received
court will balance the prejudice to the claimant to pursue the claim, against the prejudice to the defendant in meeting a stale claim
claimant will convince court that it is equitable to dis-apply the limitation period
usually made to high court or circuit judge
The limitation act
disability meaning
s.38 (2)
disability while he is an infant, or lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceeding
