Pre-Action Conduct

Question 1

What is the limitation period for a simple contract case?

Answer 1

Six years from the date on which the cause of action accrued (from the date of the breach of contract)

Question 2

What is the limitation period for a non PI tort case?

Answer 2

Six years from the date on which the cause of action accrued

Question 3

What is the limitation period for a personal injury case?

Answer 3

Three years from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured

Question 4

For a personal injury claim, what does date of knowledge mean in terms of the limitation period?

Answer 4

It is the date on which a claimant first had knowledge of the following:
- the injury in question was significant
- the injury was attributable in whole or part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty
- the identity of the defendant

Question 5

When will the limitation period not run?

Answer 5

For a person who is under a legal disability such as a person who lacks mental capacity or is a child

Question 6

When does the limitation period start for a claimant under a disability?

Answer 6

When the claimant ceases to be under a disability (turns 18) or dies

Question 7

Can the limitation period of personal injury claims be extended?

Answer 7

Yes, s33 Limitation Act grants the court power to disapply s11 (PI limitation) and permit a claimant to bring a claim after the expiry