Limitation (Syllabus 2)

Question 1

What is the date from which limitation is calculated?

Answer 1

Where a deadline is midnight, the cause of action for missing the deadline occurs at the stroke of midnight, not the following day. Where the cause of action accrues part way through the day, that day is excluded

Question 2

What is the date when action is “brought”?

Answer 2

CPR 7.2 states that a claim form is issued on the date entered on the claim form by the court.

Question 3

What happens if the claim form was received by the court at an earlier time than the date that the form is issued?

Answer 3

For these purposes he claim is brought for the purposes of the LA 1980 on the earlier date

Question 4

Does a period of stay in the proceedings count towards the time limit for service of the claim form?

Answer 4

No

Question 5

If the wrong fee is paid in relation to the claim form will this mean that the time period keeps running?

Answer 5

No

Question 6

What is the time limit for actions founded on tort?

Answer 6

s.2 LA 1980 the time limit is 6 years from the date on which the cause of action accrued.

Question 7

What is the time limit for actions founded on simple contracts?

Answer 7

s.5 LA 1980 the time limit is 6 years from the date on which the cause of action accrued.

Question 8

What is the special time limit for claiming contribution?

Answer 8

s.10 LA 1980, the time limit is 2 years from the date on which the right accrued.

Question 9

What is the time limit for personal injury claims?

Answer 9

s. 11 LA 1980 the time limit is 3 years from:
(1) the date on which the cause of action accrued; or
(2) the date of knowledge of the person injured

Question 10

What happens if a person dies within the limitation period for a personal injury claim?

Answer 10

the limitation period is 3 years from:

(1) the date of death, or
(2) the date of the person representative’s knowledge.

Question 11

What is the time limit for actions under Fatal Acidents legislation?

Answer 11

s. 12 LA 1980 the time limit is 3 years from:
(1) the date of death; or
(2) the date of knowledge of the person for whose benefit the action is brought.

Question 12

What is the definition of date of knowledge?

Answer 12

s. 14 LA 1980. The date on which the person had knowledge that:
(1) the injury in question is significant; and
(2) 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
(3) the identity of the defendant; and
(4) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the brining of an action against the defendant.

Question 13

Do all the facts in s.14 need to be satisfied?

Answer 13

Yes, however the 4 fact are exhaustive.

Question 14

Date of knowledge 4 facts?

Answer 14

(1) the injury was significant; and
(2) the injury was attributable in whole or in part to the act or omission; and
(3) the identity of the defendant; and
(4) if it is alleged that the act or omission was that of a person other than the defendant, knowledge of the identity of that person

Question 15

What is the special time limit for negligence actions where facts relevant to the cause of action are not known at date of accrual?

Answer 15

s. 14A LA 1980 the time limit is:
(1) 6 years from the date that the cause of action accrued; or
(2) three years from the earliest date that the claimant had the knowledge and right to bring an action (if this expires later than (1) above.

Question 16

What is the knowledge required for bringing a claim in negligence?

Answer 16

There must be knowledge of both:

(1) the material facts about the damage in respect of which damages are claimed; and
(2) the other facts relevant to the current action

Question 17

What is the knowledge required for bringing a claim in negligence?

Answer 17

There must be knowledge of both:

(1) the material facts about the damage in respect of which damages are claimed; and
(2) the other facts relevant to the current action

Question 18

What are other facts relevant to current action?

Answer 18

(1) that the damage was attributable in while or in part to the act or omission which is alleged to constitute negligence; and
(2) the identity of the defendant; and
(3) if it is alleged that the act or commission was that of a person other than the defendant, the identity of that person and additional facts supporting the brining of an action.

Question 19

In relation to negligence claims and the date of knowledge what claims are barred?

Answer 19

Claims that were barred before the new act came into force (1986).

Question 20

What time of claims does s.14A cover?

Answer 20

only claims for negligence in tort, no claims for breach of duty of care arising out of a contract for example.

Question 21

What is the overriding time limit for negligence actions that do no involve personal injuries?

Answer 21

the time limit is 15 years from the date (if more than one, the last of the dates) on which there occurred an act or omission-

(1) which is alleged to constitute negligence; and
(2) to which the damage in respect of which damages are claimed is alleged to be attributable.

Question 22

What is the time limit to enforce a judgment?

Answer 22

s.24 LA 1980, the time limit is 6 years from the date on which the judgment became enforceable.

Question 23

What sections of the LA 1980 can be used to extend limitation periods?

Answer 23

(1) s.28 extension in case of disability
(2) s.32 extension in the case of fraud, concealment or mistake
(3) s.33 discretionary exclusion of time limits for actions in respect of personal injury or death

Question 24

What is the definition of a disability?

Answer 24

a person is deemed to have a disability whilst he is a child or lacks capacity (as per Mental Capacity Act 2005) to conduct legal proceedings

Question 25

What is the extension of time limit for a disabiltiy?

Answer 25

the time limit is 6 years from the date in which the person ceases to be under a disability, or died

Question 26

What is the extension of time limit where there has been fraud, concealment or mistake?

Answer 26

the time limit does not run until the claimant has discovered the fraud, concealment or mistake.

Question 27

What section gives the court a discretionary power to exclude time limits for personal injury or death?

Answer 27

s.33 LA 1980.