Pre-Action Steps

Question 1

What is the purpose of the Limitation Act 1980 in civil claims?

Answer 1

To impose strict time limits for bringing claims to protect defendants from indefinite litigation and preserve the reliability of evidence

Question 2

What is the limitation period for a contractual claim under the Limitation Act 1980?

Answer 2

Six years from the date of the breach of contract

Question 3

What is the limitation period for personal injury claims?

Answer 3

Three years from the date of injury or the claimant’s knowledge of the injury, with special rules for minors

Question 4

In negligence claims involving latent damage, what is the long-stop limitation period?

Answer 4

The claim must be brought within 15 years of the negligent act or omission under s.14A of the Limitation Act 1980

Question 5

What are specified and unspecified claims in civil litigation?

Answer 5

Specified claims involve a fixed sum (e.g., debt).

Unspecified claims require the court to determine the amount of damages (e.g., personal injury)

Question 6

What is Alternative Dispute Resolution (ADR), and why is it favoured?

Answer 6

ADR refers to resolving disputes outside the courtroom, favoured for being faster, cheaper, and more flexible than litigation

Question 7

What are the steps in a civil claim process after a claim is issued?

Answer 7

The defendant files a defence, the court manages the case, disclosure of documents occurs, and the trial proceeds with a judgment issued by the judge

Question 8

What are the advantages of litigation?

Answer 8

Legally enforceable outcome and a public process that can deter future wrongs

Question 9

What are the disadvantages of arbitration as a dispute resolution method?

Answer 9

Limited appeal rights, high costs for complex cases, and potential delays.

Question 10

What is the main advantage of negotiation in dispute resolution?

Answer 10

Low cost, flexibility, and the ability to preserve relationships

Question 11

What are some disadvantages of mediation?

Answer 11

It is non-binding unless formalized, offers limited legal discovery, and may not provide a public ruling

Question 12

What are the key disadvantages of litigation as a dispute resolution method?

Answer 12

Expensive, lengthy, and adversarial, potentially damaging relationships

Question 14

What advantages does arbitration offer over litigation?

Answer 14

It is quicker, confidential, and allows for flexibility in choosing the arbitrator and process