SA2 Limitation

Question 1

Limitation period for: enforcement of a judgment?

Answer 1

6 years

Question 2

Limitation period for: Personal injury tort

Answer 2

3 years

Question 3

Limitation period for: Contribution claim

Answer 3

2 years

Question 4

Limitation period for: Non-personal injury tort

Answer 4

6 years (or 3 from date when C has ‘relevant’ knowledge, with longstop of 15 years).

Question 4

Limitation period for: Fatal accident claim

Answer 4

3 years

Question 5

Limitation period for: Contract

Answer 5

6 years

From the breach itself, not the manifestation of the breach (i.e. when the damage/loss becomes evident).

Question 6

Limitation period for: personal injury claim

Answer 6

3 years

Question 7

When does limitation stop running?

Answer 7

When claim form and issue fees are delivered to the court

Question 8

What does it mean for the limitation period if the wrong fees are paid at the date the claim form is issued?

a) Where the correct fee had not been paid due to the articulation of later claims alleging loss of a higher value?

b) Where a CF issued and sealed by a court after the payment of an incorrect fee?

c) Where a new claim is made by way of amendment within a relevant limitation period, and an applicable court fee had not been paid?

Answer 8

a) Time nevertheless stopped running at the date of issue for the purposes of the LA 1980, provided that there was no abusive intent on the claimant’s part.

b) Effective to stop the time from running for the purposes of the LA 1980.

c) Where the claim is not otherwise abusive, it will not become time-barred at a later stage because the court fee hadn’t been paid.

Question 9

What happens when the limitation period expires?

Answer 9

Cause of action not automatically extinguished. For D to raise a properly pleaded limitation defence.

Question 10

In what type of cases does the court have discretion to dis-apply the limitation period?

Answer 10

PI/death

Question 11

In the cases in which the court has discretion to dis-apply the limitation period, which factors will it consider when exercising its discretion.

Answer 11

Court has discretion in cases of PI/Death.

Discretion is unfettered. Some of the factors they will consider:

a) the length of and reasons for, the delay;
b) the extent to which the delay will make the evidence less cogent.
c) the conduct of D after the cause of action arose, including the extent (if any) to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff’s cause of action against D;
d) the duration of any disability of the plaintiff arising after the date of the accrual of the cause of action; NOTE – this is a legal disability (mental incapacity) not a physical disability arising from the accident.
e) the extent to which the plaintiff acted promptly and reasonably once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;
f) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.

Question 12

In which circumstances can the court postpone limitation under s32 LA 1980?

Answer 12

Fraud, deliberate concealment (of right of action by D) and where a claim arises from a legal mistake.

Limitation begins to run when C discovers/with reasonable DD could have discovered the above.

Question 13

What is the limitation rule for children <18?

Answer 13

Limitation period starts running when they turn 18.

Question 14

What is the date from which limitation is calculated in cases where the cause of action arose from a failure to meet a midnight deadline? (i.e. that day or the following day?)

Answer 14

When a deadline expired at midnight on a given day, a cause of action arising from a failure to meet the deadline arose on the stroke of midnight, not on the following day.

Therefore, the following day was not excluded when calculating the expiry of the relevant limitation period.

Question 14

What is the limitation rule for people with mental incapacity?

Answer 14

If the mental incapacity came about at the time the cause of action arose, then when/if the mental incapacity comes to an end.

A later onset of capacity doesn’t affect the limitation period, except under s33 in PI claims to disapply the limitation period.

Question 15

What is the date from which limitation is calculated in cases where the cause of action arose part way through the day? (i.e. that day or the following day?)

Answer 15

The day on which the cause of action accrued was excluded. Limitation runs from the following day.

Question 16

Does a stay of proceedings count towards the time limit for the service of a claim form?

Answer 16

No

Question 17

What is the limitation period applicable for the estate of a person who dies before the expiry of the limitation period for PI?

Answer 17

3 years from the date of death/the date of the representatives knowledge (whichever is later).

If there is more than one personal representative, and their dates of knowledge are different – look at the earliest of those dates.

Question 18

Can an action under the Fatal Accidents Act 1976 be brought if the death occurred when the limitation period for PI for the person injured had expired?

Answer 18

No.

Question 19

What must a person have ‘knowledge’ (real or constructive) of for limitation to start running for tort (PI or non-PI) claims?

Answer 19

a) that the injury/loss in question was significant; and

b) that the injury/loss was attributable in whole/part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

c) the identity of D, and

d) if it is alleged that the act or omission was that of a person other than D, the identity of that person and the additional facts supporting the bringing of an action against D;

Relevant date: when the claimant first knew enough to justify setting about investigating the possibility that the defendant’s advice was defective.