Limitation Flashcards
What happens if proceedings do not commence within the limitation period?
C will be barred from recovering damages and D will have a full defence.
Which Act governs limitation in civil cases?
Limitation Act 1980
What is the time limit for Personal Injury Claims under s11? When does it start?
3 years from the date when cause of action accrued or date of knowledge of the injured person.
What is the time limit for Fatal Accidents under s12?
3 years from the later of date of death or date of knowledge of the dependent.
What does ‘Date of Knowledge’ mean under s14?
Knowing injury was significant, attributable to wrongdoing, identity of defendant, and relevant facts about potential claims.
Does knowing about the claim start the limitation period?
No, knowledge of facts starts the period, not whether C knows it’s a claim.
What is the Extension of Time under s33?
Court may extend time for personal injury/fatal claims if equitable, considering prejudice to both parties.
What factors are considered under s33 extension?
Conduct of parties, reasons for delay, and effect on evidence.
What is a contribution claim?
A defendant can claim a contribution from another party also responsible.
What is the limitation for latent damage in negligence (non-PI)?
Later of 6 years from cause of action or 3 years from knowledge and right to claim, with 15-year long-stop.
When does limitation start for latent damage?
When C knows material facts about the damage.
What is the time limit to enforce a judgment under s24? When is interest recoverable until?
6 years from the judgment date. No interest recoverable after.
What are general limitation periods?
Tort: 6 years (3 for PI), Contract: 6 years.
What is the rule under s28 Disability?
Limitation starts when disability ends. 2 yrs for contribution, 3 yrs for PI/fatal, 6 yrs for other cases.
Who is considered under disability?
Minors or those lacking mental capacity to conduct proceedings.
When does limitation start under s32 (fraud etc.)?
Until C discovered the fraud, concealment, or mistake.
What is latent damage?
Hidden flaw or defect in workmanship, design, or materials.
