Limitation

Question 1

On 18 June 2010 Bernice, who was born on 13 October 1996, was injured when she fell on an uneven part of the pavement in Oxford Street. Bernice was 13 years old at the time of the accident and suffered debilitating ankle and hip injuries. Bernice wants to initiate legal proceedings against the local authority to recover damages for her injuries.

Which one of the following statements is correct?

[A] Bernice is a child and cannot issue proceedings until 13 October 2014.

[B] Bernice is a child and must issue proceedings by her Litigation Friend by 13 October 2014.

[C] Bernice cannot issue proceedings as the limitation period expired on the 18 June 2013.

[D] Bernice is a child and may issue proceedings by her Litigation Friend by 13 October 2014 or issue proceedings herself by 13 October 2017.

Answer 1

The correct answer is D.

Question 2

Question 2
Which one of the following statements regarding limitation periods is incorrect?

[A] In actions for trespass and libel, time runs from the date of the wrongful act and not the date of damage.

[B] In actions brought by beneficiaries against trustees for fraudulent breach of trust, the limitation period is 6 years from the accrual date.

[C] The limitation period in a negligence action not involving personal injuries, where at the time the cause of action accrued the damage was latent, is subject to a
longstop of 15 years.

[D] The limitation period in an action based on fraud does not run until the Claimant either has, or could with reasonable diligence have, discovered the fraud.

Answer 2

B

Question 3

On 31 January 2010 Marlon was knocked down whilst crossing the road when he was hit by a speeding vehicle. The driver did not stop after the accident and Marlon cannot remember anything about the vehicle which hit him. In July 2011 Gareth told Marlon that he witnessed the accident and identified the vehicle as one owned by Currant Bun, a local baker. In May 2012 Marlon consulted solicitors who advised him that he had a good case against Currant Bun. The solicitor noted the accident as having occurred in January. In error, a Solicitor who took over the file subsequently thought that the accident date was January 2012. A Claim Form and Particulars of Claim were issued and served in September 2014 but Currant Bun have served a Defence stating that the claim is time barred. You have been asked to advise Marlon.

Which one of the following statements is correct?

[A] The limitation period is three years from the date of the accident so, by September 2014, the limitation period had expired and Currant Bun has a complete defence.

[B] Time started to run in May 2012 when Marlon was advised that he had a cause of action against the Defendant, so the claim form was issued in time.

[C] Time began to run when Marlon discovered the identity of the Defendant in July 2011 so the claim form was issued two months after the expiry of the limitation period.

[D] Time began to run from the date of the accident and the limitation period has expired. However, the error made by the solicitor would be enough to persuade the court to exercise its power under s.33 of the Limitation Act 1980 to disapply the limitation period.

Answer 3

C

Question 4

The limitation period for breach of contract is six years and time begins to run from the date of breach. True or false?

Answer 4

True

Question 5

Whilst working on a building site for Reynolds & Co. in September 2007 Steve (an adult of previously sound mind) was hit on the head by a brick negligently dropped by another employee of Reynolds & Co. He was immediately rendered mentally disabled within the meaning of the Mental Capacity Act 2005. Solicitors were instructed in September 2010, but to date no proceedings have been issued. Which of the following statements is correct?

[A] Steve may refer the court to his ongoing disability and ask the court to exercise its power under s.33 of the Limitation Act to disapply the limitation period.

[B] Steve does not need to rely upon section 33 of the Limitation Act 1980 and may commence proceedings acting through a litigation friend.

[C] Steve’s action is statute-barred and he should sue his solicitors.

Answer 5

B

Question 6

Is the following statement True or False? In respect of a breach of contract which took place on 31 August, time begins to run on 1 September

Answer 6

True. Whole days are what counts- but anniversary dates are what counts.

Question 7

Eve-ocative Ltd manufactures ladies’ clothing. On 6 October 2008 Eve-ocative Ltd purchased and delivered 55 rolls of material from Satin Fabrics Ltd., a wholesale company which imports materials from abroad. The material was intended to make up 2500 lingerie items, ordered by Cleopatra, a high street retail chain store; however, Cleopatra significantly reduced its order. As a result half the rolls of material were not unwrapped until nearly three years later. When these rolls were inspected on 1 September 2011 nearly all of them were found to be faulty. Eveocative Ltd now wishes to recover damages from Satin Fabrics Ltd. for breach of contract. Which one of the following statements is correct?

[A] 6 October 2014 is the last date for Eve-ocative Ltd to start proceedings.

[B] Eve-ocative Ltd has until 1 September 2017 to start proceedings.

[C] The limitation period expires on 1 September 2014 because under s.14A of the Limitation Act 1980 Eve-ocative Ltd has three years from discovering the fault to start proceedings.

[D] If Eve-ocative Ltd does not start proceedings within the limitation period it will be prevented from issuing a claim.

Answer 7

A

Question 8

Is the following statement true or false? For the purposes of limitation, time ceases to run when the claim form is served on the Defendant.

Answer 8

False, it ceases when proceedings are issued.

Question 9

An action founded on tort shall not be brought after the expiration of XXX years from the date on which the cause of action accrued.

What is XXX?

Answer 9

Six

Question 10

Is theft subject to any time limit?

Answer 10

No

Question 11

No action in libel or slander, slander of title, slander of goods or other malicious falsehood shall be brought after the expiration of XXX years from the date on which the cause of action accrued.

What is XXX?

Answer 11

One

Question 12

An action founded on simple contract shall not be brought after the expiration of YYY years from the date on which the cause of action accrued.

What is YYY?

Answer 12

Six

Question 13

An action to recover any sum recoverable by virtue of any enactment (statute) shall not be brought after the expiration of ABC years from the date on which the cause of action accrued.

What is ABC?

Answer 13

Six

Question 14

An action to enforce an award, where the submission is not by an instrument under seal, shall not be brought after the expiration of XYZ years from the date on which the cause of action accrued.

Answer 14

Six

Question 15

No action shall be brought by any person to recover any land after the expiration of BBB years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person.

What is BBB?

Answer 15

Twelve

Question 16

Dave committed a fraudulent breach of trust on the 3rd of March 2008. Until when do the beneficiaries have to launch an action?

Answer 16

There is no time limit on fraudulent breach of trust claims.

Question 17

An action by a beneficiary to recover trust property in respect of any breach of trust, (unless fraudulent) shall not be brought after the expiration of ____ years from the date on which the right of action accrued.

What is ____?

Answer 17

Six

Question 18

An action shall not be brought upon any judgment after the expiration of ___ years from the date on which the judgment became enforceable.

What is ___?

Answer 18

Six

Question 19

What is the limitation period for the recovery of land according to s15(1) of the Limitation Act 1980?

Answer 19

Twelve years.

Question 20

What is the limitation period for the enforcement of a judgment under s24(1) of the Limitation Act 1980?

Answer 20

Six years

Question 21

What is the limitation period for actions in contract under s5 of the Limitation Act 1980?

Answer 21

Six years

Question 22

What is the limitation period for general claims in tort (aside from personal injury) according to s2 Limitation Act 1980?

Answer 22

Six years

Question 23

What is the limitation period for contribution under the Civil Liability (Contributions) Act 1978 according to s10(1) of the Limitation Act 1980?

Answer 23

2 years

Question 24

Where a defendant has deliberately concealed any fact relevant to the claim- when does time start to run from according to s32(1)(b) Limitation Act 1980?

Answer 24

When the concealment is discovered or with reasonable diligence could have been discovered.

Question 25

Where a claim is for relief from the consequences of a mistake- from when does time start to run?

Answer 25

From when the mistake is, or with reasonable diligence should have been, discovered s32(1)(c) Limitation Act

Question 26

Where defamation or malicious falsehood proceedings are not commenced within the one year time limit, the court may direct that the limitation period shall not apply if it appears equitable to allow the action to proceed. True or false?

Answer 26

True

Question 27

Section 33 of the Limitation Act 1980 gives the Court a wide discretion to override the usual three year limitation in personal injury claims if the decision would “prejudice the defendant or any person whom he represents”.
What are the 6 factors the court will bear in mind according to statute when deciding whether to disapply the limitation period for personal injury?

Answer 27

1. The length of and reasons for the delay
2. The extent to which the delay means evidence adduced will be less cogent
3. The conduct of the defendant- IE if he responded to requests from the Claimant for information
4. The duration of any disability of the plaintiff arising after the date of the accrual of the cause of action
5. 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;
6. 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

Does the Court’s power to extend the time limit under Section 33 apply where the claim is for a construction defect?

Answer 28

No, Section 33 only applies with regards to personal injuries.

Question 29

Rowena worked from the 1st of June 1995 until the end of 2008 in a factor owned by Belidec Plc where noise leaves were high. By 12th of December 2008 Rowena had to turn up the volume on her TV very loud in order to hear it. She thought this was due to old age. However, it emerges that Rowena’s hearing problems may be attributable to her work at Belidec Plc. On which date did the limitation period expire?

1. 1st of June 1998
2. 12th December 2011
3. Three years from when Rowenna had constructive knowledge

Answer 29

3.

Question 30

Rowena worked from the 1st of June 1995 until the end of 2008 in a factor owned by Belidec Plc where noise leaves were high. On the 12th of June 2010 Rowena consulted her GP about her loss of hearing. She was told this was almost certainly due to working in a noisy factory for 13 years. Rowena was referred to a specialist who confirmed the GPs diagnosis on the 12th of December 2010. Rowena sought legal advice one year later. Which one of the following applies?

1. The primary limitation period has expired and so Rowena cannot bring a claim
2. Rowena should issue proceedings without delay and apply to court to disapply the limitation period under section 33 of the Limitation Act 1980
3. Rowena should issue proceedings without delay. If the claimant raises limitation as a defence, the claim will automatically fail.

Answer 30

The limitation period for personal injury is three years from the date of knowledge. Here the date of knowledge is likely to be the 12th of December 2010. Therefore the time period has expired. Rowenna should apply under s33 for the court to disapply the limitation period.

Answer 2 is correct

Question 31

Peter’s 10th birthday was on the 1st of July 2004. He celebrated with friends on the 14th of July 2004 by going to Gumball’s amusement park. Whilst riding on a negligently maintained rollercoaster he fell and was badly injured. What is the latest date for a valid claim by Peter?

Answer 31

1st of July 2015

Question 32

Helen was sexually assaulted as a child by workers at the children’s care home where she lived between ages 9 to 12 in 1994 to 1997. She coped during the remainder of her teenage years by pretending the assaults had not occurred. By the time she reached her twenties she had little conscious recollection of them and never considered that any claim was possible. In 2013 she discovered victims from the same care home through a website and realised for the first time the gravity of her assailant’s behaviour. Which of the following statements is correct?

1. Helen’s claim is statute barred because the last sexual assault took place more than six years ago.
2. Helen’s claim is statute barred because the last sexual assault took place more than three years ago.
3. Helen can apply to disapply the limitation period on the ground it would be equitable to allow the action to proceed.

Answer 32

3.

Question 33

Which of the factors from Section 33 of the Limitation Act is missing?

(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 [F4, by section 11A] 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.

Answer 33

(d) The duration of any disability of the plaintiff arising after the date of the accrual of the cause of action;

Question 34

Which of the factors from Section 33 of the Limitation Act is missing?

(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 [F4, by section 11A] or (as the case may be) by section 12;
(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.

Answer 34

(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;

Question 35

Which of the factors from Section 33 of the Limitation Act is missing?

(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 [F4, by section 11A] 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;
(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.

Answer 35

(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;

Question 36

Which of the factors from Section 33 of the Limitation Act is missing?

(a) The length of, and the reasons for, the delay on the part of the plaintiff;
(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.

Answer 36

(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 [F4, by section 11A] or (as the case may be) by section 12;