What does it mean for a cause of action to “accrue”?
: A cause of action accrues when all elements of the cause of action are present, enabling the claimant to sue.
When does a cause of action accrue in contract?
On the date of breach, regardless of whether damage has yet occurred.
How does accrual differ in contract claims involving implied terms or late delivery?
Implied term (e.g. quality): accrual is date of delivery
Late delivery: accrual is the contractual delivery date
What is the limitation period for contract claims and where is it found?
Six years from accrual under s5 Limitation Act 1980.
When does a cause of action accrue in tort generally?
On the date damage occurs, unless the tort is actionable per se.
What is meant by a tort being “actionable per se,” and give an example.
No damage is required for accrual; e.g. trespass.
When does accrual occur in negligence claims?
When actual damage is suffered, not when the negligent act occurs.
What is the limitation period for non-personal injury tort claims?
Six years from accrual under s2 Limitation Act 1980.
What is the limitation period for personal injury claims and where is it found?
Three years under s11 Limitation Act 1980
Does the personal injury limitation period apply even where the claim arises from breach of contract?
Yes — PI claims are governed by s11 regardless of the cause of action.
What is the limitation period for contribution claims by a defendant?
Two years from the date of final judgment, arbitration award, or settlement.
What is the limitation period for enforcing a judgment?
Six years from the date the judgment becomes enforceable.
When does a judgment usually become enforceable?
Generally when judgment is handed down (CPR 40.7)
Money judgments are usually enforceable 14 days later (CPR 40.11)
From when does interest on a judgment debt begin to run, and what is the limitation period?
Interest runs from the date judgment is given and must be recovered within six years from that date.
How can limitation be stopped from running?
By issuing the claim form.
Does expiry of a limitation period extinguish the cause of action?
No — the right is not extinguished, but the claimant may be procedurally barred from pursuing it.
How must a limitation defence be raised?
It must be specifically pleaded by the defendant (PD16 para 11.3).
How are part days treated when calculating limitation periods?
Part days are generally excluded; time runs in full days/years.
What principle was established in Matthew v Sedman regarding limitation?
Limitation normally starts running on the first full day after accrual, unless accrual occurs exactly at midnight, in which case time runs from that moment.
What is the “date of knowledge” exception in personal injury claims under s14?
The limitation period runs from when the claimant knew (or ought to have known) the relevant facts.
Q: What facts must the claimant have knowledge of under s14?
That the injury was significant
That it was attributable to the defendant
The identity of the defendant
Identity of the tortfeasor where liability is vicarious (if applicable)
What does “injury was significant” mean under s14?
The injury was serious enough to justify bringing a claim against a defendant who did not dispute liability and was able to pay.
Is knowledge that the defendant was negligent as a matter of law required for s14?
No — legal knowledge is irrelevant; only factual knowledge matters.
What is meant by constructive knowledge in limitation law?
e claimant is treated as knowing facts they could reasonably have discovered by making reasonable enquiries (objective standard) of their specific (Subjective) issue
