Limitation Periods Flashcards
What is the general limitation period in tort?
PI: 3 years
Most other torts: 6 years
Defamation: 1 year
When does the limitation period start running?
From either:
(1) Accrual of the action (e.g., the date of the automobile accident)
OR
(2) When the claimant first gains knowledge of the facts that would give rise to a claim (sufficient to commence an investigation)
NOTE: Cases involving clinical negligence are different
When does the limitations period start in clinical negligence claims (e.g., a surgeon leaves a sponge in someone’s body after an operation)?
When the claimant has knowledge of the following facts:
- The injury was significant
- It was attributable to the actions of the defendant
- Identity of the defendant
What happens if the injured person dies within three years of the accrual date (for PI claims)?
The limitation period will be:
(1) 3 years from the date of death, or
(2) 3 years from the date where the decedent’s representatives gain knowledge of the death.
What happens if an injured person dies after the three year limitation has expired?
The claim is time barred.
When does the limitations period begin for a breach of contract claim?
On the date of breach
What is the limitation period for a breach of contract claim?
6 years
Which limitation period applies when a case involves both a tort and a breach of contract claim?
Whichever is more favorable to a party’s position.
What is the limitations period for a negligence claim when there in a latent defect in the design/manufacture of something.
The later of:
- 6 years from the accrual of the cause of action, or
- 3 years from the date the claims knew (or should have known) the material facts to bring a claim.
Max time is 15 years.
What happens if the parties agree to a shorter limitations period in a contract?
It would be subject to a reasonableness test (Unfair Contract Terms Act 1977)
Technically, when does the time start and when does it stop for the purposes of the limitations period.
Starts: The day AFTER the cause of action arose
Ends: When the claimant delivers the claim form + request to issue + correct fee to the court.
If the limitations period has expired, can you add a new defendant?
Generally no, this is a new claim against them, which is time barred.
However, claimant can make an application to disapply the limitations period.
If the limitations period has expired, can you change the name of a defendant?
Yes, if the defendant has been correctly identified but mistakenly named.
When does the limitations period start if the claimant is a minor?
The date of their 18th birthday
