Pre- action Flashcards
Limitation period for contract, tort, PI
contract: 6 yrs from breach
tort: 6 years from actionable damage
PI: 3 years from the date of knowledge
Liability for contribution time limit
A person liable for damages can claim a contribution from another person within 2 years from the date on which the right to recover contribution arose
Liability for contribution time limit
A person liable for damages can claim a contribution from another person within 2 years from the date on which the right to recover contribution arose
Latent damages for negligence (non-PI) time limit
If facts are not known at the date of accrual, the limitation period is extended to the later of:
(a) 6 years from when the cause of action accrued; or
(b) 3 years from when he had the requisite knowledge, and right to bring a claim
* limitation period starts running from when C knew the material facts about the damage
* Includes knowledge that C might reasonably have been expected to acquire from an expert, observable facts, and ascertainable
But this is subject to a long-stop limitation date of 15 years from the date of the latest negligent act / omission which caused all or part of the damage
Enforcing a judgement time limit
6 years from when judgement became enforceable, nor can interest be recovered after that period
Disability
If the claimant is under a disability at the time that the cause of action accrued, the limitation period starts to run from when the disability ends, and is:
(a) 2 years in relation to contribution claims
(b) 3 years in relation to personal injury or fatal accident claims; and
(c) 6 years in most other cases.
A person is under a disability whilst they are a minor (under the age of 18) or lacks mental capacity to conduct the proceedings
Burden of proof C v D
- The burden of proving any issue of fact or law generally falls on the party who asserts it
o The claimant must prove: Duty, breach, causation, and loss for negligence/contract
o The defendant must prove: Contributory negligence (if any); why the defendant’s version of the facts is correct - The civil standard of proof is proof on a balance of probabilities. In other words, a fact will be established if it is more likely than not to have happened
What are the general requirements of the pre- action protocol
Letter of claim setting out the claim, key documents
letter of response by D within a reasonable time (usually 14 days)
parties engage in ADR where possible
stocktake before the issue of proceedings
what are the consequences of non- compliance with the pre- action protocols
- Costs and interest
- stay claim until relevant steps have been complied with
what are the two instances where non compliance with pre- action protocol may be acceptable
- limitation period is approaching
2.urgent proceedings
Pre- action protocol for PI
- C writes a letter of notification
- Rehab
- letter of claim
- D acknowledges in 21 days
- D sends full letter of response within 3 months of acknowledging claim
- disclose key docs, negotiate, propose settlement
- Joint selection of quantum expert (i.e., a medical expert) or the claimant discloses report, and the defendant sends written questions.
What claims need to be issued in HC v CC
CC:
- PI less than 50k
- Non- PI less than 100k
HC:
- PI over 50k
- Non- PI worth more than 100k
Queens bench division
- general
- administrative
- planning
- commercial (BPC)
-circuit commercial (BPC) - tech & construction
- admiralty (BPC)
Chancery division
- Insolvency and companies list (BPC)
- revenue list (BPC)
- competition list (BPC)
- business list (BPC)
- property, trusts, and probate lists (BPC)
- intellectual property list (BPC)
