Limitation

Question 1

Fraud?

Answer 1

No limitation period as usually takes ages to discover

Question 2

Land/Adverse possession?

Answer 2

12 Years

Question 3

Mortgages/Banks?

Answer 3

12 years

Question 4

Parking tickets?

Answer 4

6 years

Question 5

Breach of contract?

Answer 5

6 years

Question 6

Enforcement of a judgment?

Answer 6

6 years

Question 7

Any amount of money that you’re owed?

Answer 7

6 years

Question 8

Trust?

Answer 8

6 years

Question 9

Tort (unless personal injury)?

Answer 9

6 years

Question 10

Rent arrears?

Answer 10

6 years

Question 11

Personal injury?

Answer 11

3 years from date of knowledge OR date of damage

(exam will usually test date of knowledge, not damage)

Question 12

What is date of knowledge?

Answer 12

the point at which you realised the injury was significant/point at which you can attribute that the injury was due to the negligence of someone else and the identity of that person.

Question 13

What does it mean if the D.O.B is mentioned in the exam?

Answer 13

Likely under 18, considered a disability if you’re a minor. limitation period won’t start until your 18th birthday

Question 14

What happens if you’re not within the limitation period?

Answer 14

Statute barred - can’t bring the claim anymore, you’ve had your time and now you’ve ran out

Question 15

When does the limitation period run?

Answer 15

It runs from the day after the incident.
Cause of action runs from the day after the incident arose.
Example - bucket falls on me 1st Sept, limitation runs from 2nd Sept.

Question 16

At what point does the limitation period run up until?

Answer 16

Runs up until the point at which the claim is bought/issued

Question 17

How does one bring the claim?

Answer 17

You bring the claim when you bring the documents to the court ready to be stamped

Question 18

Meaning of ‘issued’?

Answer 18

stamped by the court

Question 19

Meaning of ‘serviced’?

Answer 19

when it’s sent out

Question 20

Meaning of ‘brought’?

Answer 20

Same as issued - stamped by the court

Question 21

If court is closed on the day you’re supposed to go in, as long as you go in the next day that the courts open, then still within the limitation period - true or false?

Answer 21

True

Question 22

Fatal accident?

Answer 22

3 years

Question 23

Personal injury relating to property?

Answer 23

3 years

Question 24

Contribution?

Answer 24

2 years

Question 25

Defamation?

Answer 25

1 year

Question 26

Human Rights?

Answer 26

1 year

Question 27

Judicial review (Gov/Public body)?

Answer 27

3 months

Question 28

Unfair dismissal?

Answer 28

3 months

Question 29

Latent damage?

Answer 29

6 years from the date that it happened (accrual), or; 3 years from the date of knowledge

Question 30

Does latent damage have a long stop?

Answer 30

Yes, 15 years

Question 31

What does latent damage mean?

Answer 31

'hidden' eg mould example - Luke did work on my house, 10 years later I realised the damage that'd been done from negligence. At this point, we can start the 3 years period to bring the claim. If damage was discovered after 14 years, then only 1 year to bring the claim.

Question 32

Disability rule?

Answer 32

s.28 LA 1980 - Under 18 or of unsound mind: Limitation period never runs until no longer disabled. If disability never stops, then go through part 8 as limitation period would never start otherwise. Part 8 - someone else would bring the claim on behalf of disabled person

Question 33

Example

Answer 33

1st Sept you wana bring a claim for judicial review, we start limitation period from 2nd Sept and count 3 months forward = 2nd Dec, however, 2nd Dec falls on a Saturday and can't have it on Sunday 3rd Dec either, so next available date is Mon 4th Dec; you'd still be classed as within the limitation period, as you can't have bought the claim on the weekend.

Question 34

How does limitation differ when it comes to disability? when does time run from?

Answer 34

D.O.B Date of accident Date they became aware of who D is Date they realised how much claim will be worth Time runs from the day they turn 18, NOT date of knowledge

Question 35

What are the 3 requirements for limitation period to start running?

Answer 35

1. Injury is significant. 2. Connection between injury and negligence. 3. Became aware of who person responsible is. All the above is based on the idea that you're not disabled otherwise your period isn't going to run. Date runs from the date you've satisfied all 3 above under s14.1 LA 1980.

Question 36

Does fraud have long stop?

Answer 36

No, as it takes so long to discover and D is always trying to conceal it

Question 37

Can limitation period be extended?

Answer 37

Yes, with the permission of the court e.g. you were in a coma

Question 38

Haven't complied with ADR/Pre Action Protocols, whats the best option?

Answer 38

Get a stay - no Agree with other side for an extention - no Get claim form in and request stay of proceedings so you can comply with pre-action protocols - yes

Question 39

Example 1

Answer 39

Injury on 1st Dec, don't wake up from coma until 5th Dec and told that ladder should've been oiled. 5th Dec is when you realised the injury was caused by negligence. On 10th Dec, you realise that the company you were working with is owned by A Limited, so you now know who's responsible so you can sue them. At this point, you satisfy the requirements on s14.1 LA 1980

Question 40

Date of knowledge: Someone's at work, trips and now in coma, when does limitation period expire?

Answer 40

- Date that he was in hospital - Date he became aware of who D was - Date he realised he had a claim

Question 41

Runs from day after incident - true or false?

Answer 41

true

Question 42

Doesn't run until 18th birthday - true or false?

Answer 42

true

Question 43

Doesn't run on weekend/bank hol - true or false?

Answer 43

true

Question 44

Runs until midnight of that day - true or false?

Answer 44

true

Question 45

Can I change facts in the case after the limiation period has expired?

Answer 45

No - After limitation period expires, you're not able to change the case (the claim that you've bought) There's only certain parts that you're allowed to change e.g. spelling errors/admin error.

Question 46

Can I change names in the case after limitation period has expired?

Answer 46

No - If you've put random names down for the sake of getting the claim in on time, then you wanna change name when you find out Ds actual name - court will NOT allow this.

Question 47

If incident happened on 1st Dec, but you find out who D is on 5th Dec, limitation runs from 5th Dec - true or false?

Answer 47

True