SA2 Flashcards
(14 cards)
What does limitation refer to in legal terms?
The period within which a party can bring a claim.
What happens after the limitation period has expired?
The claim is statute barred and D has a full defense.
Under which section can an extension be obtained for limitation periods?
s33 Limitation Act.
What must be balanced when considering an extension under s33?
The prejudice to C and D.
What is the limitation period for basic tort and contract claims?
6 years from the date of the cause of action.
What is the limitation period for personal injury (PI) claims?
3 years from the date of the cause of action or knowledge thereof.
What is the limitation period for fatal accidents claims under the Fatal Accidents Act 1976?
3 years from the date of the cause of action or knowledge thereof.
What does s12 Limitation Act specify regarding fatal accidents?
A claim cannot be brought if the victim’s limitation period has expired.
What does ‘date of knowledge of the cause of action’ mean?
Knowing that the injury or death was (a) significant, (b) attributable to alleged wrongdoing, (c) the identity of the D was known and (d) if the act or omission was done by someone other than D, the identity of that person and supporting facts for bringing the claim against D.
For contribution claims, what is the limitation period?
2 years from the right to recover contribution arising.
What is the limitation period for latent damage claims?
6 years from the date of the cause of action or 3 years from the knowledge thereof (subject to the 15 year long stop).
What is the limitation period for enforcing a judgment?
6 years from the date of judgment.
When does the limitation period apply if a party is disabled or a minor?
The limitation period does not start until the disability ends or the minor turns 18.
What is defined under s32 Limitation Act regarding fraud or concealment?
The limitation clock does not start until C discovers the fraud, concealment, or mistake.
