Limitation Flashcards
What is the examinable case study for limitation?
Practice Direction Personal Injury and Fatal Accident.
What is the function of a limitation period?
A limitation period limit the time C has to bring or issue a claim against D by providing end dates.
What is the purpose of limiting windows for issuing claims?
prevents stale claims from being brought; ensures evidence does not expire before trial;
What is D’s benefit of limitation periods?
Limitation periods can be used as an absolute defence.
What can happen if the limitation period is missed?
The claim can be time barred and the client can file negligence claims against their lawyers.
What should be done if the limitation period is near expiry?
Claimant should issue proceedings before fulfilling pre-action protocol requirements, then resume efforts to settle.
When do all limitation periods begin?
All limitation periods begin on the ‘date of accrual’ aka. the date where C could have issued a statement of claim that would include all existing facts.
When does the limitation period stop running?
On the day court issues a claim form. When this is within the period this validates the claim.
What limitations are examinable?
Tort, contract, contribution and latent damage.
What is notable about tort limitations?
Time limits for personal injury under Fatal Accidents Act 1976 arise in negligence but often have specific limitation periods.
Limitation Act 1980 s.2?
Tort claims shall not be brought after 6 years from date on which cause of action accrued.
Limitation Act 1980 s.5?
Simple contract limitation period is 6 years from date cause of action accrued.
Limitation Act 1980 s.10?
s.1 Civil Liability (contribution) Act 1978?
Limitation Act 1980 s.11?
Applies to negligence, nuisance or breach of duty claims where damages include personal injury.
What is the time limit for claiming negligence, nuisance or breach with PI?
The time limit is 3 years from date of cause of action OR knowledge of injury (if later) UNLESS C dies.
What is the time limit for an Estate claiming negligence, nuisance or breach with PI?
The limitation period for bringing a claim on the estate of deceased is 3 years from date of death OR from date of estate-representative’s knowledge.
Limitation Act 1980 s.12?
claims under Fatal Accidents Act 1976 can’t be brought if C died after the relevant limitation period expired (or expiry by any other provision).
What is the function of the Fatal Accidents Act 1976?
It allows relatives of people killed through the negligence of others to claim damages, especially for non-financial losses.
Limitation Act 1980 s.14?
Defines date of knowledge for use in PI (s.11 LA) and Fatal Injuries Act (s.12 LA) claims.
What is meant by ‘date of knowledge’ for the starting time for PI and FA claims?
Knowledge of the cause for action comprises 4 aspects: (1) that the injury was significant (2) and was attributable to the act or omission that (3) was done by an identified defendant (4) if alleged to be by another party, info supporting involvement of D.
Limitation Act 1980 s.14A?
There’s a special limitation period for negligence when facts relevant to the event weren’t known at the date of accrual.
What is the time limit for negligence claims where facts weren’t known?
6 years from date of accrual OR 3 years from the point plaintiff had the knowledge to bring an action for the correct damages (if this expires later)
Limitation Act 1980 s.14B?
Time limit for negligence without personal injury is 15 years from act or omission that caused or attributed to damage. (if a series, then from the last addition).
Limitation Act 1980 s.24?
Time limit for actions to enforce judgments is 6 years from date it became enforceable.
Limitation Act 1980 s.28?
If when an action accrued the plaintiff was disabled, the claim can be brought up to 6 years after when they cease to be disabled or died - even if prescribed time limit has expired.
Limitation Act 1980 s.32?
Where actions are based on (1) fraud by D; (2) D concealed facts from C, or (3) the claim is for mistake, time starts running when C discovers or should reasonably have discovered it.
Limitation Act 1980, s.33?
Covers discretionary exclusion of time limit for actions for PI or death.
Limitation Act 1980 s.33(1)?
If the court views it equitable, they can direct that s.11-12 and s.33 do not apply to the action in question.
Limitation Act 1980 s.33(2)?
When C dies after expiry of a s.11 (PI) limitation the s.12 ban on fatality claims on deaths occurring after time limit expiry does not apply.
Limitation Act 1980 s.33(3)?
When applying s.33, court should consider length and reasons of delay; effect on evidence by missing deadline; conduct of D; any disabilities of C; how promptly C acted and sought advice.
Limitation Act 1980 s.33(4)?
When C dies outside s.11 limitation period, court must consider length of and reasons for delay in bringing action.
Limitation Act 1980 s.33(5)?
If C’s PI claim was delayed due to reliance on another’s acquiring of knowledge of the action, s.33(3) applies the same, but to that individual.
Limitation Act 1980 s.33(6)?
Any direction by the court disapplying s. 12 Limitation Act also disapplies s.1(1) Fatal Accidents Act.
Limitation Act 1980 s.38(2)?
Defines disability within purposes of LA.
What constitutes a disability for limitation purposes?
Infant/ juvenile or lacks capacity within Mental Capacity Act 2005.
