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

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

(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 12

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

Answer 12

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 13

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

Answer 13

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 14

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

Answer 14

(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 15

What does a person’s knowledge include?

Answer 15

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 16

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 16

true

Question 17

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 17

true

Question 18

what are the other facts as mentioned in Q17?

Answer 18

(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 19

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 19

(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 20

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 20

true

Question 21

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 21

true

Question 22

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 22

true

Question 23

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 23

true

Question 24

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 24

true

Question 25

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 25

true

Question 26

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 26

true

Question 27

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

Answer 27

(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 28

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 28

true

Question 29

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 29

true

Question 30

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 M4Fatal Accidents Act 1976.

Answer 30

true

Question 31

what is the s11 relevant date?

Answer 31

(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 32

what is the section 12 relevant date?

Answer 32

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 33

true or false:
For the purposes of this Act a person shall be treated as under a disability while he is an infant, or [F4lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceedings].

Answer 33

true