Limitation and Parties Flashcards
What does limitation concern?
The rules relating to the time limits within which civil claims must be made
What’s the purpose of limitation?
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
Will the limitation defence apply automatically?
No, it must be specifically pleaded
Limitation for contract
6 years
Limitation for PI
3 years
Limitation for tort
6 years
Limitation for fatal accidents
3 years
Limitation for claims under the Consumer Protection Act 1987
3 years
When does limitation begin to run?
From the point when facts exist that establish all the essential elements of the cause of action
Point where limitation begins to run for contract
Breach
Point where limitation begins to run for contract
Damage
Marren v Dawson Bentley and Co 1961
The date upon which the cause of action arose is excluded when calculating the limitation period
Section 14 LA 1980
For PI claims, the three years start to run when the injured person has acquired the knowledge of the injury or its causation
How is knowledge defined for the purposes of s14?
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
Hoey v Sir Robert Lloyd & Co Ltd 2011
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
Section 14A LA 1980
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
Section 14B LA 1980
Long stop period on 14A of 15 years in total
Where a claimant is a person under a disability, then the limitation starts to run-
From 18th birthday if a child or from the date person no longer of unsound mind
In a claim based on fraud, the limitation period begins to run-
From the date the claimant discovers or could with reasonable diligence have discovered the fraud
When does the limitation time end?
When the action has been brought, i.e. received by the court (time stamped, not necessarily issued)
If the court office is closed on the final day of the limitation period, the action will still be in time if-
All the documents and fee are lodged on the next business day
How do the provisions of amendment and substitution affect the limitation rules?
A mistake as to the name is within the provisions but not a mistake as to the identity
Limitation for a contribution under the Civil Liability (Contribution) Act 1978
2 years from the date on which the person seeking a contribution is held liable by a judgment
CPR Part 21
Governs the provisions that apply when acting for or against a child or a protected party
A child
A person under 18 years of age
A protected person
A party who lacks capacity to conduct the proceedings
Lack of capacity
Inability to make a decision in relation to the matter
As a general rule, unless the court orders otherwise, children and persons under a disability-
Cannot bring or defend a claim in their own right but only via a litigation friend
Test for a litigation friend
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
CPR rule 39.6
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
Liability of partners in a partnership is-
Joint and several
How can partners sue/be sued?
In their individual names or in the name of the firm with the words ‘a firm’ added to the title
Can a sole trader sue and be sued in their trading name?
Be sued but not sue
Section 1(1) Law Reform Misc Provisions Act 1934
Most causes of action subsisting against or vested in an individual survive their death
