Limitation Flashcards
Section 2 Limitation Act 1980
Tort - LP is 6 years from date CoA accrued
Section 5 Limitation Act 1980
Contract - LP 6 years from date CoA accrued
Section 10 Limitation Act 1980
Contribution Claims - (C claims against D1 and D2) (D1 makes claim against D2).
Can only make CC if right has accrued:
Judgment or award - date of judgment or award OR date when D2 agrees to pay damages
Section 11 Limitation Act 1980
Personal Injury - LP is 3 years from date of cause of action or date of knowledge of injured person.
If person dies, it is 3 years from date of death or date of representatives knowledge
Section 12 Limitation Act 1980
Fatal Accidents - Cannot make a claim if C couldn’t make a claim when alive.
Need to consider s11 - date of death or date of knowledge of dependent.
Section 14 Limitation Act 1980
Date of Knowledge - Date when first had knowledge of…
Injury is known to be quite significant;
Injury attributable wholly or in part to the act/omission that constitutes the CoA;
Identity of C;
If A/O was that of 3rd Party - Identity of 3rd party and additional facts for bringing claim against D;
Knowledge which C might reasonably have been expected to observe/ascertain or from facts ascertainable by him with the help of expert advice reasonable for him to obtain.
s14A and s14B Limitation Act 1980
Time Limit for neg claims when facts not known
14A - 6 Years from when CoA accrued; OR 3 years from requisite knowledge and right to bring a claim
14B - 15 year limitation from date of latest act/omission that caused all or part of damage
s.24 Limitation Act 1980
Judgments - LP is 6 years from when judgment became enforceable.
Interest of same LP.
s28 Limitation Act 1980
Disability - if C suffering from disability at time CoA accrued, LP will only begin once disability has ended.
Contrib claims - 2 yrs
PI - 3 yrs
Other claims - 6 yrs
s32 Limitation Act 1980
Extension - Fraud, Concealment and Mistake
LP will only begin once C discovers F, C or M or could have discovered it with reasonable diligence.
s33 Limitation Act 1980
Extension - General
Court may grant extension of LP in s11 and s12 cases if it would be equitable.
Court will consider: Delay and length of Evidence - is it less than cogent Conduct of parties Duration of C's disability Steps taken by C to seek expert advice
s38(2) Limitation Act 1980
Disability - definition
Minor or someone who lacks capacity to conduct legal proceedings - MCA 2005
PI Pre-Action Protocol
Letter of Notification Assess Rehab Needs Letter of Claim by C D Ack - 21 days D Full Response - 3 months Accept/Deny Disclose key docs, ADR, settle? Jointly appointed expert
Pre-Action Protocol
Letter of Notification
D responds in timely manner
Accept or Deny
Disclose key docs, ADR, settle?
Which Court? HC v CC
PI:
CC - Up to 50K
HC - 50K and over
Non-PI:
CC - Up to 100K
HC - Over 100k
