Limitation and Amendment Qs Flashcards
Where are the exceptions to the limitation period?
Section 33 Limitation Act 1980
What is Section 14 of the Limitation Act 1980?
Date of Knowledge - f the claimant only had knowledge (whether actual or constructive) of a claim within the last 3 years, but outside the 6 year standard limitation period, then it will still be able to bring its claim.
Do you have to satisfy all of s14 to have Knowledge, or only some points?
The Act says ‘and’ meaning all of them, not just one.
How can you still act for someone if the limitation period has ran out? – do you need to get the courts permission?
No, barrister just hopes Defendant doesn’t notice that limitation has expired. Make claimant aware that limitation has passed and needs to make an application under section 33 Limitation Act to the court.
What is section 33 Limitation Act?
Discretionary exclusion of time limit for actions in respect of personal injuries or death.
Limitation period for -
Tort (other than claims for personal injury/fatal accident and defamation)
6 years to bring a claim
Limitation period for - Personal injury claims
3 years from date of:
(i) accident/injury or;
(ii) date of knowledge.
Limitation period for - Fatal Accidents Act 1976 claims brought on behalf of dependents
3 yrs from date of: (i) death or;
(ii) dependant’s knowledge.
What is a claim brought of behalf of dependents?
Dependency claims are made by immediate or close relatives of the deceased who have been deprived of their support and services. It is a compensation claim, not for the deceased but for their family after death.
Limitation period for - Contract
6 years
Limitation period for - Contribution
2 years
