Limitation Flashcards
Q: What is the purpose of the Limitation Act 1980?
A: The purpose of the Limitation Act 1980 is to provide a time limit within which legal proceedings must be commenced. This is to ensure that claims are brought in a timely manner and that evidence is not lost over time.
Q: What is the time limit for bringing a claim under the Limitation Act 1980?
A: The time limit for bringing a claim under the Limitation Act 1980 varies depending on the type of claim. For example, the time limit for a claim in contract is six years from the date of breach, while the time limit for a claim in tort is six years from the date on which the cause of action accrued.
Q: Can the limitation period be extended? Provide an example.
A: Yes, in certain circumstances the limitation period can be extended. For example, if the claimant was under a disability at the time the cause of action accrued, the limitation period may be extended until the disability is lifted.
Q: What happens if legal proceedings are not commenced within the limitation period?
A: If legal proceedings are not commenced within the limitation period, the claimant will be barred from recovering damages and the defendant will have a full defence. This means that the defendant will not be liable to pay any damages, even if they are found to be at fault.
Q: Can the limitation period be shortened?
A: Yes, in certain circumstances the limitation period can be shortened. For example, if the parties agree to a shorter limitation period in a contract, the court will usually enforce this.
Q: What is the discoverability rule?
A: The discoverability rule is a common law principle that applies to certain types of claims, such as personal injury claims. Under the discoverability rule, the limitation period does not start running until the claimant knows or ought to have known that they have suffered an injury or loss.
Q: Can the limitation period be waived by the defendant?
A: No, the limitation period cannot be waived by the defendant. However, the defendant may choose not to rely on the limitation defence if they wish to do so.
Q: What is the effect of the limitation period on the court’s jurisdiction?
A: If legal proceedings are commenced outside the limitation period, the court will not have jurisdiction to hear the case. This means that the court will not be able to make any orders or award damages to the claimant.
Q: Can the limitation period be extended by agreement between the parties?
A: Yes, the parties can agree to extend the limitation period by way of a contract or other agreement. However, any such agreement must be made before the limitation period has expired.
Personal injury
When a party makes claim that includes a claim for personal injuries, the claimant must bring the claim within 3 years of the latest of:
(a)the date when the cause of action accrued; or
(b)the date of knowledge of the person injured.
The date of knowledge is defined in s.14, which will be considered shortly
Fatal accidents time limit?
The time limits on a claim under the Fatal Accidents Act 1976 are that:
(a)The claim cannot be brought if the person injured (the employee in our example)
could no longer bring a claim. In most cases, you will need to apply the personal injury
rules on the previous page to ascertain this, from the injured person’s perspective.
(b)The claim cannot be brought after 3 years from the later of:
i. Date of death;
ii. The date of knowledge of the dependent.
The date of knowledge is also defined in s.14, which we will now consider.
