Limitation Flashcards
What is the limitation periods?
Contract
Tort
Personal Injury
Fatal Accidents
Contract/ Tort: 6 years
Personal Injury. Fatal Accidents: 3 years
When does time begin to run?
day following the date of accrual of the cause of action
What happens if C fails to deliver claim form by last day of limitation period?
no right to remedy
TRUE OR FALSE: If C fails to deliver CF in time, they may still serve the CF?
TRUE
If C serves CF after end of limitation period, what can D do? Why?
D could ask for strike out of C’s claim
Complete defence for D to claim C’s claim is time barred
When does time start to run?
Which scenarios? How many scenarios?
Time starts to run on last day of particular event:
- C ceases to be under a disability (Youth/ Person lacking capacity
- fraud/ mistake is discovered
- date of knowledge of damages
- on the day following cause of action accrued
When does time stop running?
When C delivers Claim Form to court (even if not issued on same day) / when proceedings are commenced
Examples of remedies where time has stopped running?
- Limitation period will not apply where court specifies time limit
- where court allows it (acquiscence)
When does time stop running in contribution claims?
2 years from relevant date
- judgment entered
- person agreed to amount to make in contribution
When does time stop running for personal injury claims?
3 years from date of cause of action accrued
or
3 years from date of knowledge of
- injury is significant
- identity of defendant
What does court have regards to when deciding whether or not to disapply time-limit in cases PI/Death?
- All circumstances of case
- length/reason for delay
- extent to which evidence is less cogent than if action brought on time
- Extent to which plaintiff acted promptly
- Steps taken to obtain medical/legal advice
- D’s conduct after cause of action
What is the time-limit to enforce judgments?
6 years from when judgment became enforceable
