Limitation

Question 1

Where a deadline expires at midnight on a given day, when does CoA arise?

Answer 1

At midnight - not following day

Question 2

Where deadline expires part way through the day…when does limitation to begin to run?

Answer 2

Following day - day of CoA accrual excluded

Question 3

What action ends time running for limitation purposes.

Answer 3

Time halts when claim form issued by court.

Question 4

What is the time limit for actions based on tort (excluding PI)?

Answer 4

6 years

Question 5

What is the time limit for actions based on contract?

Answer 5

6 years

Question 6

What is the time limit for contribution claims?

Answer 6

2 years

Question 7

What is the time limit for personal injury claims to be issued?

Answer 7

3 years from:
- date on which CoA accrued OR
- date of knowledge of person injured

Question 8

What is the time limit for Fatal Accident claims?

Answer 8

3 years from:
- date of death OR
- date of knowledge of person for whose benefit action is brought.

Question 9

definition of ‘date of knowledge’ in PI context

Answer 9

• that injury was significant AND
• the injury was attributable in whole/part to act or omission of potential D AND
• identity of D AND
• identity of any additional person and facts supporting this

Question 10

what is the time limit for action on latent damages (facts not known at date of accrual)?

Answer 10

6 years from date on which CoA accrued OR
3 years from C having knowledge required to bring action for damages and right to bring such an action.

Question 11

“knowledge” for purposes of latent damages

Answer 11

BOTH:
- material facts about damage
- other facts relevant to current action (damages attributable in whole/part to D, ID of D, any additional D’s and facts.

INCLUDES;
- facts observable or ascertainable by him
- from facts ascertainable by him with the help of appropriate expert advice which is reasonable to seek.

Question 12

overriding time limit for negligence action not involving injuries

Answer 12

15 years

Question 13

Time limit for enforcement of judgments/interest on those judgments

Answer 13

6 years

Question 14

Extension in case of disability -PI and non PI

Answer 14

• PI/FA = 3 years from removal of disability
• Non-PI = 6 years from removal of disability

Question 15

What is a ‘disability’ for purposes of extension

Answer 15

• under 18
• mental incapacity according to mental health act

Question 16

postponement of limitation in cases of fraud, concealment or mistake - when will period begin to run?

Answer 16

when plaintiff has discovered the fraud/concealment/mistake or could have discovered it with reasonable diligence.

Question 17

When may a court allow an action for PI/Death to proceed after expiration of limitation?

Answer 17

where it considers it equitable taking into account;
- length and reasons for elay
- adducability of evidence
- conduct of D after CoA arose
- duration of any disability of plaintiff
- prompt/reasonable action of P
- steps taken to gain legal/medical advice
Max 6 years for ‘overseas armed forces action’