Limitation

Question 1

What did the case of Matthew v Sedman [2021] UKSC 19 decide on when the date in which the limitation is calculated?

Answer 1

when a deadline expired at midnight on a given day, any cause of action arising from a failure to meet the deadline arose on the stroke of midnight, not on the following day.

Question 2

What did the case of Dixon v Radley House Partnership (A firm) [2016] EWHC 2511 as to the date when action can be “brought”?

Answer 2

where the correct fee had not been paid at the date of issue of proceedings due to the articulation of later claims alleging loss of a higher value, time nevertheless stopped running at the date of issue for the purposes of the Limitation Act 1980, provided that there was no abusive intent on the claimant’s part.

Question 3

What did the case of Wells v Wood [2016] 12 WLUK 226 as to the date when action can be “brought”?

Answer 3

a claim form issued and sealed by a court after payment of an incorrect fee was effective to stop time from running for the purposes of the Limitation Act 1980

Question 4

What did the case of Butters v Hayes [2021] EWCA Civ 252 as to the date when action can be “brought”?

Answer 4

where a new claim is made by way of amendment within a relevant limitation period and that claim is not otherwise abusive, it will not become time-barred at a later stage because an applicable court fee had not been paid.

Question 5

What did the case of Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 as to the date when action can be “brought”?

Answer 5

the period of a stay of proceedings did not count towards the time limit for service of a claim form.

Question 6

Under section 2 of the Limitation Act 1980, what is the time limit for actions founded on tort and when does this start?

Answer 6

6 years from the date on which the cause of action accrued.

Question 7

Under section 5 of the Limitation Act 1980, what is the time limit for actions founded on a contract claim and when does this start?

Answer 7

6 years from the date on which the cause of action accrued.

Question 8

Under section 10 of the Limitation Act 1980. what is the time limit for claiming contribution

Answer 8

2 years from the date on which the right to recover contribution in respect of any damage from any other person accrued.

Question 9

under s10 of the limitation act, if a person is liable in respect of that damage when is the relevant date to recover contribution

Answer 9

the date on which the judgement is given or the date of the award as the case may be.

Question 10

Under section 11 of the Limitation Act 1980, what is the time limit for personal injuries?

Answer 10

3 years from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured.

Question 11

if a person dies before the expiration of the 3 year period in s11, what is the time limit for the benefit of estate to claim?

Answer 11

3 years from the date of death or the date of the personal representative’s knowledge whichever is the later.

Question 12

what does personal representative mean in s11

Answer 12

any person who’s or has been a personal representative of the deceased including an executor who’s not proved the will but not anyone appointed only as a special person representative in relation to settled land and regard shall be had to any knowledge acquired by any such person while a personal representative or previously.

Question 13

true or false:
if there is more than one personal representative and their dates of knowledge are different, the date of the personal representative’s knowledge shall be read as referring to the earliest of those dates.

Answer 13

true

Question 14

which actions does the special time limit in s11 apply to

Answer 14

negligence, nuisance or breach of duty or damages in respect of personal injuries to plaintiff or any other person

Question 15

true or false:
an action under the fatal Accidents Act 1976 shall not be brought if the death occurred when the person injured could no longer maintain an action and recover damages in respect of injury.

Answer 15

true

Question 16

Under section 12 of the Limitation Act 1980, what is the time limit for fatal accidents?

Answer 16

3 years from the date of death or the date of knowledge of the person for whose benefit the action is brought.

Question 17

Under section 24 of the Limitation Act 1980, what is the time limit for actions to enforce judgments?

Answer 17

(1) six years from the date on which the judgment became enforceable.
(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due

Question 18

what are the 4 requirements under s14 for s11 and s12?

Answer 18

the injury was significant
that 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
the identity of D and
if it is alleged that the act or omission was that of a person other than D, the identity of that person and the additional facts supporting the bringing of an action against D.

Question 19

what are the 3 requirements for an action under s6(1)(a) of the Consumer Protection Act 1987?

Answer 19

a)such facts about the damage caused by the defect as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment; and
(b)that the damage was wholly or partly attributable to the facts and circumstances alleged to constitute the defect; and
(c)the identity of the defendant;

Question 20

what are the 3 requirements for an action under s6(1)(a) of the automated and Electric Vehicles Act 2018?

Answer 20

(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 (in the case of an action under section 2(1) of the 2018 Act) or the owner of the vehicle (in the case of an action under section 2(2) of that Act).

Question 21

What does a person’s knowledge include?

Answer 21

facts observable or ascertainable by him; or
from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek.

Question 22

true or false:
under s14A and where facts are relevant to cause of action are not known at the date of accrual, the period for this is either 6 years from the date on which the cause of action accrued; or three years from the starting dated as defined by subsection (5) if that period expired later than the period mentioned in paragraph a above.

Answer 22

true

Question 23

true or false?
the knowledge required for bringing an action for damages in respect of the relevant damage” means knowledge both—
(a)of the material facts about the damage in respect of which damages are claimed; and
(b)of the other facts relevant to the current action mentioned in subsection (8) below.

Answer 23

true

Question 24

what are the other facts as mentioned in Q23?

Answer 24

(a)that the damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence; and
(b)the identity of the defendant; and
(c)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.

Question 25

when can an action for damages for negligence not be brought after the expiration of 15 years from the date on which there occurred any act or omissions

Answer 25

(a)which is alleged to constitute negligence; and
(b)to which the damage in respect of which damages are claimed is alleged to be attributable (in whole or in part).

Question 26

true or false:
if on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period of limitation has expired.

Answer 26

true

Question 27

true or false:
When a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.

Answer 27

true

Question 28

true or false:
No action to recover land or money charged on land shall be brought by virtue of this section by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims.

Answer 28

true

Question 29

true or false:
If the action is one to which section 4A of this Act applies, subsection (1) above shall have effect—
(a)in the case of an action for libel or slander, as if for the words from “at any time” to “occurred)” there were substituted the words “by him at any time before the expiration of one year from the date on which he ceased to be under a disability”; and
(b)in the case of an action for slander of title, slander of goods or other malicious falsehood, as if for the words “six years” there were substituted the words “one year”.]

Answer 29

true

Question 30

true or false:
f the action is one to which section 11A of this Act applies or one by virtue of section 6(1)(a) of the M1 Consumer Protection Act 1987 (death caused by defective product), subsection (1) above—
(a)shall not apply to the time limit prescribed by subsection (3) of the said section 11A or to that time limit as applied by virtue of section 12(1) of this Act; and
(b)in relation to any other time limit prescribed by this Act shall have effect as if for the words “six years” there were substituted the words “three years”.]

Answer 30

true

Question 31

true or false:
If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—
(a)the provisions of section 11 [F1, 11A, 11B] or 12 of this Act prejudice the plaintiff or any person whom he represents; and
(b)any decision of the court under this subsection would prejudice the defendant or any person whom he represents;the court may direct that those provisions shall not apply to the action, or shall not apply to any specified cause of action to which the action relates.

Answer 31

true

Question 32

true or false:
The court shall not under this section disapply section 12(1) except where the reason why the person injured could no longer maintain an action was because of the time limit in section 11 [F5, 11A(4) or 11B(2) or (4)].

Answer 32

true

Question 33

under s24 what is the time limit for actions to enforce judgements?

Answer 33

6 years from the date on which the judgement became enforceable

Question 34

under s24, what is the time limit for interests in respect of any judgment debt

Answer 34

6 years from the date on which interest became due

Question 35

under s28, what is the time limit in a case of disability or died?

Answer 35

6 years from the date when he ceased to be under a disability or died.

Question 36

under s32, when shall the limitation period in case of fraud, concealment or mistake begin to run?

Answer 36

until the plaintiff has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it.

Question 37

true or false:
nothing in s32 shall enable any action to recover or recover value of, any property; or
to enforce any charge against or set aside any transaction affecting any property to be brought against purchaser of the property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent 3rd party since fraud or concealment or the transaction in which mistake was made took place

Answer 37

true

Question 38

what circumstances will the court have as to the case under s33(3)?

Answer 38

(a)the length of, and the reasons for, the delay on the part of the plaintiff;
(b)the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 11 [F7, by section 11A] [F8, by section 11B] or (as the case may be) by section 12;
(c)the conduct of the defendant after the cause of action arose, including the extent (if any) to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff’s cause of action against 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 and reasonably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;
(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.

Question 39

true or false:
In a case where the person injured died when, because of section 11 [F9, 11A(4) or 11B(2) or (4)], he could no longer maintain an action and recover damages in respect of the injury, the court shall have regard in particular to the length of, and the reasons for, the delay on the part of the deceased.

Answer 39

true

Question 40

true or false:
In a case under subsection (4) above, or any other case where the time limit, or one of the time limits, depends on the date of knowledge of a person other than the plaintiff, subsection (3) above shall have effect with appropriate modifications, and shall have effect in particular as if references to the plaintiff included references to any person whose date of knowledge is or was relevant in determining a time limit.

Answer 40

true

Question 41

true or false:
A direction by the court disapplying the provisions of section 12(1) shall operate to disapply the provisions to the same effect in section 1(1) of the Fatal Accidents Act 1976.

Answer 41

true

Question 42

what is the s11 relevant date?

Answer 42

(a)
the date from which the period of three years starts to run in accordance with section 11(4) or (5);

(b)
where section 28 applies, the date from which the period of three years mentioned in subsection (1) of that section (as that subsection has effect with the modification made by subsection (6) of that section) starts to run;

(c)
where section 32(1)(a) or (b) applies, the date from which the period of three years starts to run in accordance with subsection (1) of that section;

Question 43

what is the section 12 relevant date?

Answer 43

means the latest of the following—
(a)
the date from which the period of three years starts to run in accordance with section 12(2);

(b)
where section 28 applies, the date from which the period of three years mentioned in subsection (1) of that section (as that subsection has effect with the modification made by subsection (6) of that section) starts to run.]

Question 44

true or false:
For the purposes of this Act a person shall be treated as under a disability while he is an infant, or lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceedings].

Answer 44

true

Question 45

what does knowledge mean in s14

Answer 45

a state of mind of sufficient certainty that for the claimant, reasonably justified embarking on the preliminaries to making a claim for compensation and once gained can’t be lost

Question 46

true or false:
claimant must know that he has a possible cause of action

Answer 46

false- the court has firmly rejected the argument that C must know that he has a possible cause of action- Dobbie v Medway HA [1994]

Question 47

what did the case of Whitfield v North Durham say as to knowledge of s14

Answer 47

court must look at essence of complaint and enquire how far claimant had knowledge in broad terms of facts on which it was based.
erroneous to seek to anticipate how the case might be ultimately be put in terms of positive act or negligent omission.

Question 48

true or false:
in A v Trustees of the watchtower Bible and tract society, the limitation was applied because the claimant did have sufficient knowledge

Answer 48

false
the limitation period was disapplied because the claimant didn’t have sufficient knowledge within meaning of Limitation Act 1980 s14(1) until service of D’s statements in 2014