Pre-action considerations and conduct Flashcards
(52 cards)
What is the primary legislation governing limitation periods in the UK?
Limitation Act 1980
What is the consequence if proceedings are not commenced within the relevant limitation period?
The claimant will be barred from recovering damages
What is the limitation period for most tort claims?
Six years from the date on which the cause of action accrued (s 2).
What is the limitation period for most contractual claims?
Six years from the date on which the cause of action accrued (s 5).
What is the limitation period for personal injury claims?
Three years from the later of the date when the cause of action accrued or the date of knowledge of the person injured (s 11).
What is the limitation period for claims under the Fatal Accidents Act 1976?
Three years from the later of the date of death or the date of knowledge of the dependent (s 12). Additionally
How is the ‘date of knowledge’ defined under s 14?
Knowing: (1) That the injury was significant; (2) That it was attributable (at least in part) to the alleged wrongdoing; (3) The identity of the defendant; (4) If the wrongdoing was by someone else
Does the claimant need to know they have a legal claim for the limitation period to start running based on their knowledge of the facts?
No
What can the court do regarding the limitation period for personal injury and Fatal Accidents Act claims?
The court can extend time if it would be equitable
What factors will the court consider when deciding whether to extend time for personal injury or Fatal Accidents Act claims?
The conduct of the parties
What is the limitation period for a contribution claim?
Two years from the date on which the right to recover the contribution arose (s 10). This is either the date of judgment imposing liability or the date the payment was agreed.
How is the date the right to recover contribution arose calculated?
The date when the judgment was given imposing liability
Do the special limitation rules for latent damages in negligence claims apply to personal injury claims?
No
What are the alternative limitation periods for negligence claims where facts relevant to the cause of action are not known at the date of accrual?
The later of six years from when the cause of action accrued or three years from when the claimant had the requisite knowledge and the right to bring a claim (s 14A).
What is the long-stop limitation date for latent damage negligence claims?
Fifteen years from the date of the latest negligent act or omission which caused the damage (s 14B).
How is ‘date of knowledge’ defined in the context of latent damage negligence claims?
Knowing ‘the material facts about the damage in respect of which damages are claimed’ (s 14A(6)).
What is the limitation period for an action to enforce a judgment?
Six years from when the judgment became enforceable (s 24). Interest cannot be recovered after this period.
What happens to the limitation period if the claimant is under a disability when the cause of action accrued (minor or lacking mental capacity)?
The limitation period starts to run from when the disability ends (s 28). The length of the period varies depending on the type of claim.
What are the modified limitation periods when the claimant was under a disability?
Two years for contribution claims
In what circumstances does the limitation period not begin to run until the claimant discovers something?
Where the claim is based on fraud
What standard of diligence is expected of the claimant in discovering fraud
concealment
What is the primary aim of pre-action conduct and protocols?
To encourage the parties to resolve their dispute without involving the courts.
What is the main Civil Procedure Rule that sets out general pre-action conduct?
Practice Direction – Pre-Action Conduct and Protocols.
What happens if there is a conflict between the Practice Direction – Pre-Action Conduct and Protocols and a specific pre-action protocol?
The provisions of the specific pre-action protocol will take priority.
