Limitations (SG6)

Question 1

What are the 3 Exceptions to the Accrual of Causes of Action (When will will the actual time of limitation will start)

Answer 1

1. Extension LP when disability
2. When there is a case of Fraud, Concealment, or Mistake
3. From the date of latent damage claims and some PI claims
4. Otherwise on the date the cause of action accrued

Question 2

1. In Disability Situation what situation will the C fit in
2. how do we calculate the LP

Answer 2

1. IF the minor has disability, time runs when he attains 18th Birthday
2. Person lack capacity- Then time don’t run, time starts running when C no longer disable

Calculate LP
- Rmbr you calculate when person attains 18th Birthday
- If it a PI case rmbr that add 3 years from the date aft which the limitation period will have expired

Question 3

How does Time run when there is Fraud/Mistake/Concealment

Answer 3

1. Cause of Action time starts running when:
   a) the action is discovered or
   b) Could have discovered with reasonable diligence (s.32 LA 1980)

Question 4

How does time start running for Latent Damages/PI claims

Answer 4

• From date of knowledge in Latent damage and PI claims

Question 5

Limitation Period For Contract Explain and what section can I find the remedy

Answer 5

Time starts running 6 years from the BOC ( s.5)

The Remedy:
- PArt 36 allows to disapply the various time limit in LA 1980

Question 6

Limitation Period For Tort Explain and what section can I find the remedy

Answer 6

• Tort not causing PI ( 6 years) from when the damage occurs

-Trespass (6 years from the date of the act)

Remedy: Apply for Part 36

Question 7

Limitation period for Enforcing Judgement

Answer 7

• S.24 -TIME LIMITS FOR ACTIONS TO ENFORCE JUDGEMENTS

-6 years fromt he date no which the judgement became enforceable

• NO Arrears of interest for judgment debt can be recovered after 6 years ON which the interest became due.

Question 8

Limitation Period for Fatal Accidents, what Section is it?

Answer 8

3 years from date of death/knowledge of the person for whose benefit is brought

s.12 LA 1980 (WB v.2 p. 2462-3).

Question 9

How does a C stop limitation period

Answer 9

• by bringing of proceedings

-Time runs until the claim is brought as opposed to issued

Question 10

How long do you have to serve the claim form with the particulars of claim

Answer 10

• 4 months to serve it ( WB Vol1 378)

Question 11

How long does proposed C have to pursue a claim for breach of contract s.5 of LA

Answer 11

S.5 LA
- 6 years from the date the cause of action accrued

Question 12

How long does proposed C have to pursue a claim in tort s.2 of LA

Answer 12

• S.2 LA
• 6 years from the cause of action accrued

Elements
Duty of care
Breach of Duty
Causal link
Loss suffered ( Not too remote)

Question 13

If limitation is a procedural defence, can it bar the right?

Answer 13

No it cannot be the right, rmbr it is for the defence to bring up as a defence

Question 14

What is a latent damage claim
and
What is the difference between S.14(a) and (b)

Answer 14

Latent Damage- Latent means hidden not visible

Rmbr
S.14(a)- Only applies to negligence in Tort (NOT CONTRACTUAL)

Section 14A of the Limitation Act 1980 allows for an extension to the time limit for bringing a negligence claim if the claimant only had the necessary knowledge within the last three years. ( rmbr these factors: Serious injury, damage caused by alleged neg, D IDENTIFY HE HAS TO IDENTIFY THE PERSON)

Section 14B of the Act imposes a 15-year longstop period from the date of the negligent act, even if the claimant did not have the requisite knowledge within that period

Question 15

When does the limitation period under S.14A expire?

Answer 15

• 6 years from the date on which the cause of action accrued

-3 years from the date of knowledge of certain material facts about the damage

As such its 6 years, but extended by up to three years from the starting date if that date is later

The starting date is when the CLAIMANT HAS 1. KNOWLEDGE 2. RIGHT TO BRING CLAIM

Question 16

What is the limitation period for D to suffer indefinite risk of potential claim?

Answer 16

• 15 years from the date of the alleged breach of duty

Question 17

Take note that where there is 2 component 1. Negligence 2. Contract… which would be favoured by S.14A

Answer 17

Only the negligence will benefit from S.14A. The contract will be limited to 6 years

Question 18

What is the Section for time limit for PI claims ( it also falls within Tort and Contract)

Answer 18

3 years
- From the date of which the cause of action accrued

-The date of knowledge ( if later) of the personal representative knowledge

Question 19

What is the Time limit For Fatal Accidents

Answer 19

S.12 , for fatal accidents action to be brought within 3 years

• date of death
• date of knowledge of the person who benefit the action is brought

Question 20

Personal Injury what are the circumstances the court would disapply the limitation period?

Answer 20

S.33
- Equitable to allow

-Necessity to balance the need and to seek to avoid prejudice

-Conduct of Def after the cause of action arose

Question 21

What instance can a Def raises a S.32 Defence

Answer 21

• Deliberate concealment (s.32(1)
• Deliberate breach where unlikely to discover sometime amounts to deliberate concealment (s.32(2)

Question 22

Take note for Limitation involving PI claims. What counts is the..

Answer 22

• Later of the date of death or
• Date of knowledge

Hypothetical 1
If Emma died on 3rd February 2024 but Michael had knowledge on 1st February 2024 then it is the later date which counts i.e. 3rd February 2024, the date of Emma’s death.

Hypothetical 2
If Emma died on 3rd February 2024 but Michael had knowledge on 5th February 2024 then it is the later date which counts i.e. 5th February 2024, the date of Michael’s knowledge.

If there was 2 personal one of them found out, then the date where the first out find out, is when time starts running.

Question 23

Latent Damage does not cover Personal injury Claims take note

Question 24

s.33 limitation dont apply when proceedings have alrdy been issued

Answer 24

If fresh proceedings were to be brought against Astra Zizer then those proceedings would be subject to a limitation defence but in such circumstances s. 33 would be available

Question 25

When the C wants to add a party to the proceedings even after the limitation period has expired what can C do?

Answer 25

The C should make an application on basis on recent report that the adding the new party is necessary as the current proceedings cant be maintained against the other defendant until the new party is added CPR 35 (5)(b) and 35(6)

Question 26

What is the time limitation for seeking a contribution once judgement on quantum is given?

Answer 26

-Limitation is 2 years from the date of the judgement on quantum

Question 27

S.33- Discretionary exclusion of time limit for actions in respect of PI OR DEATH ONLY, not property dmg, explain it

Answer 27

- If it appears equitable to allow an action to proceed where a) prejudice to the pf B) decision would prejudice the def or any person whom he rep The court may direct that those provision not apply In acting under this section court shall have regard all circumstances a) length, reason for delay of the pf b) evidence adduced c) conduct of df after the cause of action arose, including the extent to which he responded to req reasonably made by pf for info or inspection d) duration of any disability of the pf aft the date of cause of action e) extent to which pf acted promptly and reasonably once knew f) steps taken by pf