Limitation

Question 1

what is limitation?

Answer 1

time period within which C must commence legal proceedings

Question 2

what is the limitation period for contractual claims?

Answer 2

6 years from COA

Question 3

what is the limitation period for tortious claims (inc. exceptions)?

Answer 3

Tort = 6 years from COA.

Exceptions:

PI = 3 years from the COA or date of knowledge (minor = clock starts at 18)

Negligence where the damage is latent, the later of:
 6 years from the COA; or
 3 years from the date of knowledge of damage (capped at 15 years after COA)

Question 4

when can the limitation period be amended?

Answer 4

• Court has discretion to extend in exceptional circumstances
• Contract may stipulate shorter limitation period

Question 5

what is the effect of the limitation period expiring?

Answer 5

D has a cast iron defence if claim brought out of time. Must be stated in the defence.

Burden of proof then shifts to C to prove it has not expired.

Question 6

what effect does issuing proceedings have on the limitation period?

Answer 6

Issuing proceedings pauses the limitation clock. Resumes if case struck out.

Question 7

when is a case considered brought within the limitation period? Why is this relevant?

Answer 7

a case is considered brought within the limitation period if it is received by the court before the expiry of that period

this rule is in place because if the court does not issue the claim form the same day it is received, this may impact the limitation period if the limitation period is about to expire