Syllabus Area 2 - Limitation Flashcards
Why is limitation important?
Gives a deadline to the expiration of when C can bring a claim.
Can the limitation be extended?
Yes, discretionary, may be prejudicial if not, court will consider the reasoning why, the effect of a late claim and conduct of the parties.
What happens if limitation expires at midnight?
The day of the date will be included - does not automatically stop at 12am.
When is the date from when action is brought?
When C voluntarily issues a claim form - from the time stamp the court enters on the claim form is when the action is considered brought. However, if the date on claim form is earlier than the date it is received at the court office it will be the earlier date.
What is the time limitation for actions founded on tort?
6 years after the cause of action
What is the time limitation for fatal accidents?
6 years from a) date of death or b) date of knowledge of the dependent who is claiming (whichever is later).
When is a fatal accident claim barred?
If the person who was injured can no longer bring the claim under the Fatal Accidents Act 1976.
What is the time limit for simple contract claims?
6 years from cause of action.
What is the time limit for enforcing judgments?
6 years from cause of action.
What are the types of claims that have a 6 year time limit?
Tort, simple contract,enforcing judgment, fatal accidents.
What is the time limit for personal injury claims?
3 years from a) date of knowledge OR b) cause of action (whichever is later).
What is the time limit for claiming contribution claims?
2 years from a) date of knowledge b) the date where the parties agreed to make payment.
What act governs claiming contribution?
S1 of Civil Liability Contribution Act 1978
What is the special time limit for negligence where facts are unknown at time?
latent damage - 14a - extends to 6 years when cause of action accrued or 3 years from date of requisite knowledge.
What is the special time limit for non-negligence claims?
Under S14B, there is a 15 year long stop period.
What happens if another claim arises in negligence?
This does not mean a claim can be brought if it is out of time.
What is the extension period for disability?
Time starts running from 18 years old
What happens in cases of fraud, concealment or mistake?
There is a discretionary time limit to postpone until it comes to light.
What does date of knowledge mean for personal injury claims?
It requires all 3 to be founded: a) significant injury, b) attributable to cause of action, c) C must know the identity of D and if D is not the person to be claimed against, evidence of fact must be brought to court.
What is the date of knowledge for fatal accident claims?
All 3 must be proved: 1) facts of alleged wrongdoing, 2) attributable to cause of action, 3) identity of D
