Topic 6- Limitation

Question 1

What is meant by “brought”?

Answer 1

This is where, once a limitation period has expired, an action should not be “brought”

Question 2

What is meant by “cause of action accrued”?

Answer 2

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

Question 3

Limitation Period for Tort Action

Answer 3

Six years from date on which cause of action accrued

Question 4

Limitation Period for Simple Contract

Answer 4

Six years from date on which cause of action accrued

Question 5

Limitation Period for Right to Recover Contribution

Answer 5

Two years from date on which the right accrued

Question 6

Limitation Period for Personal Injuries Damages (Section 11)

Answer 6

Three years from date on which cause of action accrued
OR
From the date of knowledge of the person injured

Question 7

Limitation Period for Fatal Accidents (Section 12)

Answer 7

Three years from date of death
OR
From the date of knowledge of the person whose benefit the action is brought

Question 8

What is the “Date of Knowledge” as seen in s11 and s12?

Answer 8

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

Question 9

What would the “date of knowledge” facts lead the injured to believe?

Answer 9

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

Question 10

Limitation Period for Negligence where Date of Accrual is Unknown (section 12A)

Answer 10

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)

Question 11

What is the “starting date” as defined under Section 12A?

Answer 11

The date on which a reasonable person who had suffered damage would consider it sufficiently serious to justify starting proceedings for damages

Question 12

Limitation Period for Negligence not Involving Personal Injury

Answer 12

Fifteen Years from the date of the act, which is alleged to be-

• Contributory negligence

Question 13

Limitation Period to Enforce Judgments

Answer 13

Six years from the date on which the judgment became enforceable

Question 14

Extended Limitation Period in cases of Disability

Answer 14

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

Question 15

What happens to the limitation period in cases of fraud, concealment or mistake?

Answer 15

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

Question 16

When will the limitation act be excluded?

Answer 16

It can be excluded in respect of personal injuries or death (under s11 or s12)

Court must consider factors here

Question 17

What are the factors the court must consider when excluding the limitation period under s33?

Answer 17

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

Question 18

What is the definition of someone under a disability?

Answer 18

A person shall be treated as under a disabity while an infant, or lacks capacity to conduct legal proceedings

Question 19

If an under 18 wishes to make a claim, when will the limitation always start running?

Answer 19

It will not start to run until she reaches 18

The relevant limitation period will then start running

Question 20

What happens when a limitation period expires?

Answer 20

It is on the defendant to show that the limitation period has expired, so can then use a limitation defence

Question 21

When can the court add or substitute new parties to a claim after the limitation period expires?

Answer 21

When two conditions are satisfied-

• Proceedings have been commenced before limitation period expired AND
• The addition of the new party is necessary

Question 22

If a party is named in proceedings by mistake, what can happen?

Answer 22

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

Question 23

Is this a topic you need to properly revise and look at?

Answer 23

YES, ESPECIALLY THE HARDER PARTS

Question 24

If an individual who caused injury’s employer is unknown, when will the limitation period likely run from?

Answer 24

When the identity of the employer is known

Question 25

If a 16 year old wishes to bring person injury claims, when will the limitation period expire?

Answer 25

It will expire 3 years after his 18th birthday

Question 26

Defendant was born in May 2000, and suffered personal injuries in November 2016. When will the limitation period expire?

Answer 26

May 2021, as cause of action only begins after 3 years of turning 18

Question 27

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?

Answer 27

On the day before it was actually issued

Question 28

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?

Answer 28

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

Question 29

When is a claim deemed “brought”?

Answer 29

When the claim form is delivered to court for issuing

Question 30

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

Answer 30

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

Question 31

When does the time for limitation run from and up until?

Answer 31

From the day following cause of action
UP UNTIL
Claimant delivers all documents to court for issue