Topic 6- Limitation Flashcards
What is meant by “brought”?
This is where, once a limitation period has expired, an action should not be “brought”
What is meant by “cause of action accrued”?
This is the date or time when a cause of action began
This will also be the day AFTER the cause of action
Eg- if RTA happened on 27th, cause of action began accruing on 28th
Limitation Period for Tort Action
Six years from date on which cause of action accrued
Limitation Period for Simple Contract
Six years from date on which cause of action accrued
Limitation Period for Right to Recover Contribution
Two years from date on which the right accrued
Limitation Period for Personal Injuries Damages (Section 11)
Three years from date on which cause of action accrued
OR
From the date of knowledge of the person injured
Limitation Period for Fatal Accidents (Section 12)
Three years from date of death
OR
From the date of knowledge of the person whose benefit the action is brought
What is the “Date of Knowledge” as seen in s11 and s12?
This is the date on which a claimant first had knowledge that-
- The injury was significant
- The injury was attributable to the act of breach, etc
- The identity of the defendant
- The identity of any other people responsible
What would the “date of knowledge” facts lead the injured to believe?
That their damage would lead the reasonable person to believe it was sufficiently serious
That the damage was wholly or partly attributable to the facts
Limitation Period for Negligence where Date of Accrual is Unknown (section 12A)
Six years from the date on which the cause of action accrued
OR
Three years from the starting date (earliest date plaintiff had the knowledge and right to bring an action)
What is the “starting date” as defined under Section 12A?
The date on which a reasonable person who had suffered damage would consider it sufficiently serious to justify starting proceedings for damages
Limitation Period for Negligence not Involving Personal Injury
Fifteen Years from the date of the act, which is alleged to be-
- Contributory negligence
Limitation Period to Enforce Judgments
Six years from the date on which the judgment became enforceable
Extended Limitation Period in cases of Disability
If a person has suffered from a disability, the action may be brought within six years from when he ceased to be disabled or died
What happens to the limitation period in cases of fraud, concealment or mistake?
The limitation period shall not begin to run until the defendant has discovered the fraud, concealment or mistake
OR
Could with reasonable diligence have discovered it
When will the limitation act be excluded?
It can be excluded in respect of personal injuries or death (under s11 or s12)
Court must consider factors here
What are the factors the court must consider when excluding the limitation period under s33?
The length of delay by plaintiff for bringing the action
The extent to which evidence may be less cogent
The conduct of the defendant after cause of action arose
Duration of any disability of the plaintiff
Extent to which plaintiff acted promptly and reasonably
Steps taken by plaintiff to obtain medical or legal advice
What is the definition of someone under a disability?
A person shall be treated as under a disabity while an infant, or lacks capacity to conduct legal proceedings
If an under 18 wishes to make a claim, when will the limitation always start running?
It will not start to run until she reaches 18
The relevant limitation period will then start running
What happens when a limitation period expires?
It is on the defendant to show that the limitation period has expired, so can then use a limitation defence
When can the court add or substitute new parties to a claim after the limitation period expires?
When two conditions are satisfied-
- Proceedings have been commenced before limitation period expired AND
- The addition of the new party is necessary
If a party is named in proceedings by mistake, what can happen?
The court may permit the substitution if satisfied that there was a party named in mistake
Must have been a genuine mistake and did not cause reasonable doubt as to the identity
Is this a topic you need to properly revise and look at?
YES, ESPECIALLY THE HARDER PARTS
If an individual who caused injury’s employer is unknown, when will the limitation period likely run from?
When the identity of the employer is known
If a 16 year old wishes to bring person injury claims, when will the limitation period expire?
It will expire 3 years after his 18th birthday
Defendant was born in May 2000, and suffered personal injuries in November 2016. When will the limitation period expire?
May 2021, as cause of action only begins after 3 years of turning 18
Where a claim form is received in court the day before it was actually issued, when will the proceedings be deemed to have been brought?
On the day before it was actually issued
29 August 2022- claimant and son find out that claimant has a strong case for a personal injury claim
30 December 2022- claimant dies, and son is made personal representative
When will the limitation period expire?
30 December 2025
The date of death comes after the date of knowledge
Therefore, the limitation period runs from date of death, 3 years later
When is a claim deemed “brought”?
When the claim form is delivered to court for issuing
How does the “long stop” work for a negligence claim?
Eg, cause of action began in 2022, but Cl only found out about it in 2029
Look at the key date- here this is 2022, when the action began
If the damage is attributable to the negligence, then the 15 year period runs from 2022
Therefore, expiry year is 2037
When does the time for limitation run from and up until?
From the day following cause of action
UP UNTIL
Claimant delivers all documents to court for issue
