DR: Pre-Action

Question 1

What happens if proceedings are not commenced within the relevant limitation period?

Answer 1

The claimant will be barred from recovering damages and the defendant will have a full defence.

Question 2

What is the most important legislation regarding limitation?

Answer 2

The Limitation Act 1980.

Question 3

What is the time limit for personal injury claims under section 11?

Answer 3

3 years from the latest of the date when the cause of action accrued or the date of knowledge of the person injured.

Question 4

What does ‘date of knowledge’ mean in the context of limitation?

Answer 4

Knowing that the injury was significant, attributable to the alleged wrongdoing, the identity of the defendant, and additional facts supporting the claim.

Question 5

What are the time limits for claims under the Fatal Accidents Act 1976?

Answer 5

Cannot be brought if the person injured could no longer bring a claim and cannot be brought after 3 years from the later of the date of death or the date of knowledge of the dependent.

Question 6

Define ‘date of knowledge’ as it applies to the Fatal Accidents Act.

Answer 6

Knowledge from the perspective of the dependent regarding the fatal injury to the deceased.

Question 7

When does limitation expire for a pedestrian hit by a van, based on the provided example?

Answer 7

By 1 July 2021.

Question 8

Under what circumstances can the court extend time for personal injury claims?

Answer 8

If it would be equitable, balancing the prejudice to the claimant with any prejudice to the defendant.

Question 9

What factors does the court consider when extending time for claims?

Answer 9

• The conduct of the parties
• The reasons for the delay
• The effect of such a late claim on the evidence.

Question 10

What is the limitation period for contribution claims under section 10?

Answer 10

Two years from the date on which the right to recover the contribution arose.

Question 11

What is the limitation period for negligence actions where the claimant is unaware of the cause of action?

Answer 11

The later of six years from when the cause of action accrued or three years from when the claimant had the requisite knowledge.

Question 12

What is the long-stop limitation date for negligence claims?

Answer 12

15 years from the date of the latest negligent act or omission.

Question 13

What is the limitation period to enforce a judgment according to section 24?

Answer 13

Six years from when the judgment became enforceable.

Question 14

What is the general limitation period for actions in tort?

Answer 14

Six years after the date on which the cause of action accrued.

Question 15

What is the general limitation period for actions in contract?

Answer 15

Six years after the date on which the cause of action accrued.

Question 16

When does the limitation period start if the claimant is under a disability?

Answer 16

When the disability ends.

Question 17

What are the modified limitation periods for a claimant under a disability?

Answer 17

• 2 years for contribution claims
• 3 years for personal injury or fatal accident claims
• 6 years for most other cases.

Question 18

What circumstances allow limitation to not start running according to section 32?

Answer 18

• Based on fraud
• Deliberate concealment of facts by the defendant
• Relief from the consequences of a mistake.

Question 19

What is the significance of limitation periods in legal claims?

Answer 19

If a claim is not commenced within the limitation period, the defendant will have a full defence.

Question 20

List the special rules for different types of claims.

Answer 20

• Personal injury claims
• Fatal accidents claims
• Claims for negligence involving latent damages
• Judgment claims.

Question 21

What happens if a claimant is under a disability at the time the cause of action accrued?

Answer 21

Limitation starts to run from when the disability ends and the periods are modified.

Question 22

What is the limitation period for claims involving latent damages?

Answer 22

Extended to the later of six years from when the cause of action accrued or three years from when the claimant had the requisite knowledge.

Question 23

What is the purpose of the Practice Direction – Pre-Action Conduct and Protocols?

Answer 23

To set a standard of behaviour for parties to follow in all cases

The Practice Direction aims to ensure parties act reasonably and attempt to resolve disputes without court proceedings.

Question 24

What should the parties do before issuing proceedings according to pre-action protocols?

Answer 24

Explore alternative dispute resolution (ADR) and resolve disputes informally

The court expects certain procedures to be followed unless there are exceptional reasons.

Question 25

What is the main aim of the pre-action protocols?

Answer 25

To encourage parties to resolve disputes without involving the courts ## Footnote This involves obtaining necessary information early and limiting issues in dispute.

Question 26

What should a defendant do if they intend to admit liability?

Answer 26

Do so early and clearly.

Question 27

What are the possible consequences of non-compliance with pre-action protocols?

Answer 27

Increased costs, decreased amounts received, or a stay of proceedings ## Footnote The court may impose sanctions based on the overall effect of the non-compliance.

Question 28

Is there ever a justified reason for non-compliance with pre-action requirements?

Answer 28

Yes, such as when a limitation period is about to expire.

Question 29

What is the consequence if a defendant does not respond to a claimant's pre-action conduct?

Answer 29

The court may order the defendant to pay the claimant's costs for part of the proceedings.

Question 30

What does the Pre-action Protocol for Personal Injury Claims apply to?

Answer 30

Personal injury claims that do not fall within another protocol and are likely to be allocated to the fast-track.

Question 31

What is the time frame for a defendant to acknowledge a Letter of Claim?

Answer 31

Within 21 days.

Question 32

What should a claimant do after the defendant acknowledges the Letter of Claim?

Answer 32

The defendant should investigate and send a full Letter of Response within 3 months.

Question 33

What is required in the defendant's response letter?

Answer 33

Accepts the claims or rejects the claim in whole or in part with reasons.

Question 34

What is the expectation regarding the parties' conduct before issuing proceedings?

Answer 34

Parties should consider their positions and negotiate reasonably.

Question 35

Fill in the blank: The Practice Direction applies to _______.

Answer 35

[all cases].

Question 36

What should the claimant provide in the Letter of Claim for personal injury claims?

Answer 36

Full details of the claim.

Question 37

What is the role of the quantum expert in the pre-action protocol for personal injury claims?

Answer 37

Joint selection or disclosure of the medical expert's report.

Question 38

True or False: Silence in response to an opponent's suggestion of ADR is considered reasonable conduct.

Answer 38

False.

Question 39

What should the parties do if they cannot resolve the dispute through ADR?

Answer 39

Lay the foundations for expeditious conduct of proceedings.

Question 40

What is a potential reason for urgent proceedings that may justify non-compliance?

Answer 40

Fear that the opponent will destroy documents.