Limitation Flashcards
Fraud?
No limitation period as usually takes ages to discover
Land/Adverse possession?
12 Years
Mortgages/Banks?
12 years
Parking tickets?
6 years
Breach of contract?
6 years
Enforcement of a judgment?
6 years
Any amount of money that you’re owed?
6 years
Trust?
6 years
Tort (unless personal injury)?
6 years
Rent arrears?
6 years
Personal injury?
3 years from date of knowledge OR date of damage
(exam will usually test date of knowledge, not damage)
What is date of knowledge?
the point at which you realised the injury was significant/point at which you can attribute that the injury was due to the negligence of someone else and the identity of that person.
What does it mean if the D.O.B is mentioned in the exam?
Likely under 18, considered a disability if you’re a minor. limitation period won’t start until your 18th birthday
What happens if you’re not within the limitation period?
Statute barred - can’t bring the claim anymore, you’ve had your time and now you’ve ran out
When does the limitation period run?
It runs from the day after the incident.
Cause of action runs from the day after the incident arose.
Example - bucket falls on me 1st Sept, limitation runs from 2nd Sept.
At what point does the limitation period run up until?
Runs up until the point at which the claim is bought/issued
How does one bring the claim?
You bring the claim when you bring the documents to the court ready to be stamped
Meaning of ‘issued’?
stamped by the court
Meaning of ‘serviced’?
when it’s sent out
Meaning of ‘brought’?
Same as issued - stamped by the court
If court is closed on the day you’re supposed to go in, as long as you go in the next day that the courts open, then still within the limitation period - true or false?
True
Fatal accident?
3 years
Personal injury relating to property?
3 years
Contribution?
2 years
Defamation?
1 year
Human Rights?
1 year
Judicial review (Gov/Public body)?
3 months
Unfair dismissal?
3 months
Latent damage?
6 years from the date that it happened (accrual), or;
3 years from the date of knowledge
Does latent damage have a long stop?
Yes, 15 years
What does latent damage mean?
‘hidden’ eg mould
example - Luke did work on my house, 10 years later I realised the damage that’d been done from negligence. At this point, we can start the 3 years period to bring the claim.
If damage was discovered after 14 years, then only 1 year to bring the claim.
Disability rule?
s.28 LA 1980 - Under 18 or of unsound mind:
Limitation period never runs until no longer disabled. If disability never stops, then go through part 8 as limitation period would never start otherwise.
Part 8 - someone else would bring the claim on behalf of disabled person
Example
1st Sept you wana bring a claim for judicial review, we start limitation period from 2nd Sept and count 3 months forward = 2nd Dec, however, 2nd Dec falls on a Saturday and can’t have it on Sunday 3rd Dec either, so next available date is Mon 4th Dec; you’d still be classed as within the limitation period, as you can’t have bought the claim on the weekend.
How does limitation differ when it comes to disability? when does time run from?
D.O.B
Date of accident
Date they became aware of who D is
Date they realised how much claim will be worth
Time runs from the day they turn 18, NOT date of knowledge
What are the 3 requirements for limitation period to start running?
- Injury is significant.
- Connection between injury and negligence.
- Became aware of who person responsible is.
All the above is based on the idea that you’re not disabled otherwise your period isn’t going to run.
Date runs from the date you’ve satisfied all 3 above under s14.1 LA 1980.
Does fraud have long stop?
No, as it takes so long to discover and D is always trying to conceal it
Can limitation period be extended?
Yes, with the permission of the court e.g. you were in a coma
Haven’t complied with ADR/Pre Action Protocols, whats the best option?
Get a stay - no
Agree with other side for an extention - no
Get claim form in and request stay of proceedings so you can comply with pre-action protocols - yes
Example 1
Injury on 1st Dec, don’t wake up from coma until 5th Dec and told that ladder should’ve been oiled. 5th Dec is when you realised the injury was caused by negligence.
On 10th Dec, you realise that the company you were working with is owned by A Limited, so you now know who’s responsible so you can sue them. At this point, you satisfy the requirements on s14.1 LA 1980
Date of knowledge:
Someone’s at work, trips and now in coma, when does limitation period expire?
- Date that he was in hospital
- Date he became aware of who D was
- Date he realised he had a claim
Runs from day after incident - true or false?
true
Doesn’t run until 18th birthday - true or false?
true
Doesn’t run on weekend/bank hol - true or false?
true
Runs until midnight of that day - true or false?
true
Can I change facts in the case after the limiation period has expired?
No - After limitation period expires, you’re not able to change the case (the claim that you’ve bought) There’s only certain parts that you’re allowed to change e.g. spelling errors/admin error.
Can I change names in the case after limitation period has expired?
No - If you’ve put random names down for the sake of getting the claim in on time, then you wanna change name when you find out Ds actual name - court will NOT allow this.
If incident happened on 1st Dec, but you find out who D is on 5th Dec, limitation runs from 5th Dec - true or false?
True
