Resolving A Dispute Throught A Civil Claim Flashcards
What is the limitation period for contract and tort claims?
6 years from the date of the cause.
Does not include the day the action arose.
What is the limitation period for personal injury matters?
3 years from date of cause or date of knowledge.
Children - time limit doesn’t start until their 18th birthday.
What is the limitation period for claims based on negligence where the damage is hidden at the date of cause?
(A) 6 years from date of cause.
(B) 3 years from date of knowledge.
Whichever is later but no later than 15 years from the date of the act
What are the 5 stages of Practice Direction on Pre-action conduct and protocols?
(A) claimant sends letter before claim - summary of facts.
(B) defendant sends letter of response.
(C) claimant replies and parties consider methods of ADR.
(D) stocktake - before issuing proceedings parties should narrow the issues.
(E) sanctions for non-compliance.
Only need to refer to this if no relevant protocol exists.
When does the Pre-Action protocol for debt claims apply?
Applies to any business including sole traders and public bodies that brings a claim against a debtor who is either an individual or sole trader.
Does not apply to business to business debts unless the debtor is a sole trader.
Debtor has 30 days to respond to the claimant.
What are the 5 stages for pre-action protocol for professional negligence?
(A) claimant gives preliminary notice.
(B) claimant sends letter of claim.
(C) defendant acknowledged in writing within 21 days of receipt.
(D) defendant has 3 months to investigate and respond.
(E) defendant sends letter of response or settlement.
