Pre-Action Considerations: Limitation

Question 1

What is the limitation period for negligence tort claims (without personal injury)?

Answer 1

6 years

Question 2

From what point does the limitation period for tort claims start? (2 options)

Answer 2

1. Accrual of the action; if not then:
2. Knowledge of the tort

Question 3

What is the limitation period for personal injury claims and from what point (2 options)?

Answer 3

3 years from accrual or knowledge

Whichever is later

Question 4

What is the limitation period for fatal accident claims where the victim died from the tort within 3 years, and from what point?

Answer 4

3 years from the date of death or when deceased’s PR gained knowledge of the tort

Whichever is later

Question 5

Is a claim statute barred if the injured party died after the 3 year limitation period already expired?

Answer 5

Yes

Question 6

What is the limitation period for claims of negligence for latent defects in property?

(Note: there’s 2 different periods from 2 different points)

Answer 6

6 years from accrual; or
3 years from the earliest date on which the potential C had requisite knowledge to bring a claim

Whichever is later

Question 7

What is the longstop period for latent defects in property?

Answer 7

15 years

Question 8

What is the limitation period for contract claims?

Answer 8

6 years

Question 9

When does the limitation period for contract claims begin to run?

Answer 9

When the breach occurs (accrual date)

Question 10

Does a ‘make good’ clause supersede the standard limitation period for breach of contracts?

Answer 10

No

Question 11

What is the limitation period for breach of a deed?

Answer 11

12 years

Question 12

What is the limitation period for fraud?

Answer 12

6 years

Question 13

When does time stop running for limitation period purposes?

Answer 13

When the court receives the claim form for issue

Question 14

If a claim is issued before expiry of the limitation period, it may be possible to alter the name of D if they have been correctly _______ but mistakenly _____

Answer 14

identified, named

Question 15

Can C ask to disapply the limitation period if a new D is named after the period expires and they raise a limitation defence?

Answer 15

Yes - but it’s at the court’s discretion

Question 16

If C is a minor, when does the limitation period generally begin to run?

Answer 16

On their 18th birthday

Question 17

If C lacks mental capacity at accrual, when does the clock start runing?

Answer 17

When certification that C is of sound mind is produced

Question 18

Does the clock stop running if C had capacity at accrual, but loses it during the limitation period?

Answer 18

No

Question 19

In cases of fraud, concealment, or mistake, the limitation period begins to run when C ______ the act or could have done so with ________ ________

Answer 19

discovers, reasonable dilligence