Using civil claims Flashcards
What happens if a limitation period for a claim has lapsed?
C can still commence a claim, but D has a complete defence
Limitation period for contract cases
6 years from date of breach of contract
Limitation period for tort cases (except PI, CPA actions, and latent damage)
6 years from when the damage occurs (not when the duty is breached!)
Limitation period for personal injury tort cases
3 years from date of cause of action arising
OR date of knowing of the injury
If it’s a child: time starts running when turns 18
Limitation period for latent damage tort cases
6 years from date when damage occurred, OR
3 years from when C first had knowledge required to bring the action (whichever is later)
BUT: no later than 15 years after hte negligent act
Can a limitation period extension be granted?
Yes, in exceptional circumstances
Who is a litigation friend?
Person acting on behalf of a child/protected party, as long as:
- can conduct proceedings competently,
- has no adverse interests
Specified vs unspecified claims
Specified: for fixed amount of money (debt)
Unspecified: investigation to determine amount payable needed (eg. damages)
If there’s a mix, whole claim is unspecified
What are pre-action protocols?
Rules which parties must comply with before issuing court proceedings
Steps parties should usually take under pre-action protocols:
- C writing to D with concise details of claim,
- D responding within reasonable time (14 days in simple claim, up to 3 months in complex one),
- parties disclosing key, relevant documents
What steps should parties take in relation to identifying and resolving legal/factual/expert issues under the pre-action protocols?
Reasonable and proportionate steps
Consequences for failing to follow pre-action protocols
- paying some/all of other party’s costs,
- being deprived of some/all interest on damages,
- being required to pay interest on damages, up to 10% per annum above the base rate
