Limitation Flashcards
If a deadline expires at midnight, and a cause of action accrues from missing that deadline, when does the cause of action accrue?
At the stroke of midnight
So the next day is included when calculating limitation.
If a cause of action accrues part way through a day, when does limitation run from?
The next day
The day on which the cause of action accrues is excluded.
When is a claim brought for the purposes of limitation?
Either;
On the date the claim form was issued, or
The date it was received by the court
whichever is earlier.
What is the effect of a stay on limitation periods?
Does not count toward limitation
What is the limitation period for a claim in tort?
6 years from the accrual of the cause of action (normally when harm is done)
or
3 years from the date of knowledge
whichever is later
What is the date of knowledge?
The date that the relevant person had knowledge that:
The injury/damage was significant
was caused wholly/partly by the act or omission which is alleged to be tortious
The identity of the defendant
If the act or omission was caused by someone else, then such facts as support the cause of action against D
What is the maximum period of time after the event that a claim of negligence (not involving personal injury) can be brought?
15 years after the last act which is alleged to constitute negligence
What is the limitation period for simple contract?
6 years from the accrual of the cause of action (i.e. date of breach)
What is the limitation period for claiming contribution?
2 years from the date of judgment or award (appeals are irrelevant)
If an agreement is made about damages before liability, the relevant moment in time is when the damages were agreed between the parties
What is the limitation period for a cause of action in negligence, nuisance or breach of duty where damages are claimed for personal injury?
3 years from:
Date on which the cause of action accrued
Date of knowledge of the person injured
Whichever is later
What is the effect of someone dying on the cause of action under personal injury?
They must die in the three years of normal limitation. If they do then the estate has 3 years from:
Date of death
date of the personal reps knowledge
whichever is later
(if more than one personal rep, then it’s the earliest date of knowledge of these)
What is the limitation for an action to enforce a judgment?
6 years from the date the judgment became enforceable
What is the effect of the Claimant suffering from a disability (i.e. lack of capacity/being a child) on limitation?
Delays the start of the limitation period to when they regain capacity.
Then normal periods run:
Tort and contract - 6 years
PI - 3 years
Contribution - 2 years
What is the effect of fraud, concealment, mistake on limitation?
If the action is brought based on fraud, concealment or mistake then the limitation period does not run until the claimant is aware of this, or could have been with reasonable diligence
What power does the court have to extend time for actions?
An equitable power to extend time for causes of action which arise from PI or death.
Shall look at whether it is just to extend time, and will look to see whether the limitation periods unfairly prejudice the claimant.
Cannot extend time for a claim for death, where the reason the claim could not be brought was not the time limit under PI. i.e if another statute had barred it, then cannot disapply this time limit
When based on negligent advice, when is the date of knowledge?
When the claimant knew enough to start investigating whether the advice was negligent
