Limitation

Question 1

When do contract claims accrue?

Answer 1

Date of breach

Question 2

When do tort claims accrue?

Answer 2

Date of damage (or e.g. trespass, if actionable per se)

However, there is an exception in relation to PI claims: limitation runs from the date of knowledge if this is later (see other card for specifics on date of knowledge).

There is also an exception in relation to latent damage claims [NB this could apply to negligent advice from a financial advisor]. Starting date is when C has relevant knowledge [also NB runs for three years]. Also note, only claims in tort not contractual negligence. Also note: Long-stop of 15 years from relevant act or omission. After that time, limitation will have expired.

Question 3

When do claims under Fatal Accidents Act 1976 accrue?

Answer 3

Date of death or, if later, knowledge of this of person who will benefit from the claim

Question 4

When do contribution claims accrue?

Answer 4

Final judgment from original claim or date of settlement/award

Question 5

When do claims for enforcement of a judgment accrue?

Answer 5

When judgment becomes enforceable

Question 6

When do claims for recovery of interest on a judgment date accrue?

Answer 6

On the date of the judgment

Question 7

Limitation period for contract claims

Answer 7

6 years

Question 8

Limitation period for tort claims

Answer 8

6 years non-PI; 3 years PI.

NB. 3 years (from date of knowledge) for latent damage. Only claims in tort, not contractual negligence.

Question 9

Limitation period for Fatal Accidents Act 1976 claims

Answer 9

3 years, but it cannot be brought if the death occurred when the person injured could no longer maintain an action in respect of the injury, i.e. when the 3 year (from date of damage) PI limitation period has expired.

Question 10

Limitation period for contribution claims

Answer 10

2 years

Question 11

Limitation period for enforcement of judgment claims

Answer 11

6 years

Question 12

Limitation period for recovery of interest on judgment debt claims

Answer 12

6 years

Question 13

When does a judgment normally become enforceable?

Answer 13

On date it was given, or such later date as the court may specify. A money judgment normally becomes enforceable 14 days after judgment.

Question 14

When does limitation stop running?

Answer 14

When claim brought (when claim form and issue fee delivered to court; this is likely to be earlier than the date the court puts on the form).

Question 15

Consequence of the expiry of the limitation period

Answer 15

Cause of action not extinguished. Claimant may be prevented from pursuing claim. It is for D to raise limitation defence, and this must be clearly pleaded in his defence.

Question 16

When is the date of knowledge in personal injury claims?

Answer 16

When C knows all of:

The significance of the injury (significant if injured person would have thought it sufficiently serious to bring a claim against a D who did not dispute liability and was able to meet judgment).

That it is attributable to alleged default.

Identity of D.

If VL, identity of the person/wrongdoer.

Question 17

What is irrelevant to date of knowledge?

Answer 17

Knowledge that the acts were relevant as a matter of law is irrelevant.

Question 18

Date of knowledge and constructive knowledge

Answer 18

Potential C must make reasonable enquiries: fixed with constructive knowledge of facts he could reasonably have acquired from observable facts or seeking expert advice.

NB. Haward v Fawcetts on financial advice (latent damage): Runs from when knew enough to justify setting about investigating the possibility that advice was negligent.

Question 19

When is the date of knowledge in latent damage claims?

Answer 19

When C knows all of:

That they have suffered material damage.

That it is attributable to alleged negligence.

Identity of D.

If VL, identity of the person/wrongdoer.

Question 20

Discretion to disapply limitation period

Answer 20

Applies only in cases of personal injury or death. Court will consider all circumstances of case, and in particular the following discretionary factors:

Length and reason for delay on part of C
Effect of any delay on cogency of evidence of either party (These first two in the time after the expiry of the limitation period and the issuing of the claim).

Conduct of D, including the extent of D’s response to C’s reasonable requests for information
Duration of any disability of C arising after accrual (NB. Not in relation to the injury - Means a legal disability: mental incapacity)
Promptness of C in acting once he had sufficient knowledge to bring a claim
Diligence on part of C in obtaining medical and other expert advice

Question 21

Exception where there is deliberate concealment, fraud, and mistake (meaning legal mistake)

Answer 21

Start of limitation period postponed: Time does not begin to run until C discovers or could with reasonable diligence have discovered the fraud, concealment, or mistake. Starting date provisions in latent damage case do not apply where the cause of action has been deliberately concealed [so revert back to 6 years not 3 years].

Question 22

Exception in relation to children and those suffering from a mental incapacity.

Answer 22

Treated as being under a legal disability for the purpose of limitation. Means it does not start to run until the legal disability has ceased (so, when a child attains 18 or when a person with a mental incapacity is no longer incapacitated). For a person suffering from a mental incapacity, time does not run only if the incapacity was experienced at the time the cause of action arose; a later onset does not effect the limitation period except under claim to disapply the limitation period.