Limitation and Parties

Question 1

What does limitation concern?

Answer 1

The rules relating to the time limits within which civil claims must be made

Question 2

What’s the purpose of limitation?

Answer 2

To protect the defendant from the potential injustice of having to face a claim that has gone stale and where reliable evidence may be difficult to obtain as well as provide an end to a time where a person has a concern that a claim may be brought against them

Question 3

Will the limitation defence apply automatically?

Answer 3

No, it must be specifically pleaded

Question 4

Limitation for contract

Answer 4

6 years

Question 5

Limitation for PI

Answer 5

3 years

Question 6

Limitation for tort

Answer 6

6 years

Question 7

Limitation for fatal accidents

Answer 7

3 years

Question 8

Limitation for claims under the Consumer Protection Act 1987

Answer 8

3 years

Question 9

When does limitation begin to run?

Answer 9

From the point when facts exist that establish all the essential elements of the cause of action

Question 10

Point where limitation begins to run for contract

Answer 10

Breach

Question 11

Point where limitation begins to run for contract

Answer 11

Damage

Question 12

Marren v Dawson Bentley and Co 1961

Answer 12

The date upon which the cause of action arose is excluded when calculating the limitation period

Question 13

Section 14 LA 1980

Answer 13

For PI claims, the three years start to run when the injured person has acquired the knowledge of the injury or its causation

Question 14

How is knowledge defined for the purposes of s14?

Answer 14

Knowing the injury was significant and knowing the injury was attributable to the act and knowing the identity of the defendant and if it is alleged that the act was of a person other than the defendant the identity of that person and additional facts in support of bringing the claim against the defendant

Question 15

Hoey v Sir Robert Lloyd & Co Ltd 2011

Answer 15

The claimant needs to have knowledge not only of their injury but also that it was linked to the negligent acts of the defendant so the ‘factual essence’ of the act

Question 16

Section 14A LA 1980

Answer 16

In tort, if the usual six-year limitation period has expired, the claimant will have another three years from starting date which is the earliest date on which the claimant knew that a claim existed

Question 17

Section 14B LA 1980

Answer 17

Long stop period on 14A of 15 years in total

Question 18

Where a claimant is a person under a disability, then the limitation starts to run-

Answer 18

From 18th birthday if a child or from the date person no longer of unsound mind

Question 19

In a claim based on fraud, the limitation period begins to run-

Answer 19

From the date the claimant discovers or could with reasonable diligence have discovered the fraud

Question 20

When does the limitation time end?

Answer 20

When the action has been brought, i.e. received by the court (time stamped, not necessarily issued)

Question 21

If the court office is closed on the final day of the limitation period, the action will still be in time if-

Answer 21

All the documents and fee are lodged on the next business day

Question 22

How do the provisions of amendment and substitution affect the limitation rules?

Answer 22

A mistake as to the name is within the provisions but not a mistake as to the identity

Question 23

Limitation for a contribution under the Civil Liability (Contribution) Act 1978

Answer 23

2 years from the date on which the person seeking a contribution is held liable by a judgment

Question 24

CPR Part 21

Answer 24

Governs the provisions that apply when acting for or against a child or a protected party

Question 25

A child

Answer 25

A person under 18 years of age

Question 26

A protected person

Answer 26

A party who lacks capacity to conduct the proceedings

Question 27

Lack of capacity

Answer 27

Inability to make a decision in relation to the matter

Question 28

As a general rule, unless the court orders otherwise, children and persons under a disability-

Answer 28

Cannot bring or defend a claim in their own right but only via a litigation friend

Question 29

Test for a litigation friend

Answer 29

They must be a person who can fairly and competently conduct proceedings on behalf of the child/protected party and who has no adverse interest in the claim

Question 30

CPR rule 39.6

Answer 30

A company may be represented at trial by an employee provided that they have been authorised to do so by the company and the court gives permission

Question 31

Liability of partners in a partnership is-

Answer 31

Joint and several

Question 32

How can partners sue/be sued?

Answer 32

In their individual names or in the name of the firm with the words ‘a firm’ added to the title

Question 33

Can a sole trader sue and be sued in their trading name?

Answer 33

Be sued but not sue

Question 34

Section 1(1) Law Reform Misc Provisions Act 1934

Answer 34

Most causes of action subsisting against or vested in an individual survive their death