Limitation

Question 1

Time limit for actions founded on tort:

Answer 1

s.2 - Shall not be brought after the expiration of six years from the date on which the cause of action accrued

Question 2

Time limit for actions founded on simple contract:

Answer 2

s.5 - Shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Question 3

Special time limit for claiming contribution:

Answer 3

s.10 - Shall not be brought after the expiration of two years from the date on which that right accrued.

The date on which the right accrued is the “relevant date” and is either when judgment was given or of award (arb)

Question 4

Special time limit for actions in respect of personal injuries:

Answer 4

s.11 - applies for damages from negligence, nuisance or breach of duty.
The period applicable is three years from:
(a) the date on which the cause of action accrued
(b) the date of knowledge (if later) of the person injured
If a person dies before the expiration period, then three years from:
(a) the date at which the cause of action accrued
(b) the date of the personal representative’s knowledge

Question 5

Special time limit for actions under Fatal Accidents legislation:

Answer 5

s.12 - No such action shallbe brought after the expiration of three years from:
(a) the date of death
(b) the date of knowledge of the person for whose benefit the action is brought
whichever is later

Question 6

Definition of date of knowledge for s.11 +12:

Answer 6

s. 14 - First knowledge of the following facts:
(a) that the injury in question was significant; and
(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
(c) the identity of the defendant, and
(d) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and additional facts supporting the bringing of an action against the defendant

Question 7

Special time limit for negligence actions where the facts relevant to cause of action are not known at date of accrual:

Answer 7

14A - Shall not be brought after the expiration of the period applicable which is either:
(a) Six years from the date of action accrued; or
(b) three years from the starting date as defined below:
the earliest date on which C had knowledge in brining the cause of action

Question 8

Overriding time limit for negligence actions not involving personal injuries:

Answer 8

s. 14B - an action for damages in negligence to which s.11 doesnt apply shall not be brought after the expiration of fifteen years from the date on which:
(a) which is alleged to constitute negligence; and
(b) to which the damage in respect of which damages are claimed is alleged to be attributable

Question 9

Time limit for actions to enforce judgments:

Answer 9

s.24 - Shall not be brought after six years from the date on which the judgment became enforceable

Question 10

Extension of limitation period in case of disability:

Answer 10

s. 28 - at least six years (whichever is latest)

Question 11

Postponement of limitation period in case of fraud, concealment or mistake:

Answer 11

s. 32 - period of limitation shall not begin to run until the C has discovered it

Question 12

Interpretation:

Answer 12

s. 38 - a person shall be treated as under a disability whilst an infant or lacks capacity