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Flashcards in Unit 2 - Limitation Deck (44)
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1

Section 2 Limitation Act states that actions founded on tort expire...?

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

2

Section 5 Limitation Act states that actions founded on simple contract expire...?

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

3

Section 10 LA states that contribution claims expire...?

Two years from the date on which the right accrued (either day of judgment, day of award or where the defendant agreeds to pay).

4

Section 11 LA applies a special time limit for what kind of action?

Damages for negligence, nuisance or breach of duty in respect of personal injuries.

5

What is the limitation period for section 11 LA claims, where the person has not died?

Section 11(4): either three years the date where the cause of action accrued, or the date of knowledge (if later) of the injured person.

6

What is the special time limit for actions under Fatal Accidents legislation?

S12(2) - three years from date of death, or date of knowledge of the person for whose benefit the action is brought (whichever is later).

7

The date of knowledge refers to the day on which the person had knowledge of which FOUR facts?

Section 14(1)(a)-(d):

- the injury was significant

- the injury was attributable in whole/part to an act/omission constituting negligence, nuisance or BoD

- the identity of the defendant

- if alleged that the act/omission was not that of the defendant, the identity of the new person and additional facts supporting bringing a claim against them.

8

What determines if an injury is significant under section 14?

Section 14(2): For the purposes of this section an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

9

What does 'knowledge' under section 14 include?

a person’s knowledge includes knowledge which he might reasonably have been expected to acquire—

(a) from facts observable or ascertainable by him; or

(b) from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek;

but a person shall not be fixed under this subsection with knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.

10

What is the purpose of extending limitation periods under section 14?

To overcome the rule that tort actions accrue when damage first occurs, rather than when the claimant first discovers liability.

11

According to Nash v Eli Lilly, what is knowledge?

"A state of mind of sufficient certainty that, for the claimant, reasonably justified embarking on the preliminaries to making a claim for compensation, and once gained, cannot be lost"

12

TRUE of FALSE. To constitute knowledge, a claimant must know they have a possible cause of action.

FALSE.

13

What actions does section 14A apply to?

Negligence, other than that covered by section 11 (so no personal injury!)

14

What is the limitation period for section 14A claims?

S14A(4):
- Six years from cause of action accrual;
- Three years from date of knowledge (if later expiry)

15

TRUE of FALSE: knowledge requirements for section 14A are the same as for section 14?

TRUE.

16

Section 14B provides an overriding time limit for non-personal injury negligence claims. How long is this limitation period?

15 years from date of act/omission alleged to constitute negligence.

17

Is there a time limit for actions to enforce judgments?

Yes. Six years from the date on which the judgment became enforceable (see section 24).

18

How long is the time limit extension for cases of disability under section 28?

Six years from the date where the individual stopped being disabled/died.

However, contribution claims are two years, personal injury negligence claims are three years and Fatal Accidents claims are also three years.

19

What effect does fraud, concealment or mistake have upon a limitation period?

Section 32: period of limitation does not begin until C has discovered/could reasonably have discovered.

However, it also means section 14A and 14B do not apply. Regular limitation period applies.

20

The discretionary exclusion under section 33 requires regard to what factors?

(7)

a) the LENGTH of, and the REASONS for, the delay on the part of the plaintiff;

(b) (IMPACT ON COGENCY OF EVIDENCE)the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 11, by section 11A or (as the case may be) by section 12;

(c) DEFENDANT'S CONDUCT after the cause of action arose, including the extent (if any) to which he responded to requests reasonably made by the plaintiff for information or inspection for the purpose of ascertaining facts which were or might be relevant to the plaintiff’s cause of action against the defendant;

(d) the DURATION OF ANY DISABILITY of the plaintiff arising after the date of the accrual of the cause of action;

(e) the extent to which the plaintiff ACTED PROMPTLY AND REASONABLY once he knew whether or not the act or omission of the defendant, to which the injury was attributable, might be capable at that time of giving rise to an action for damages;

(f) the steps, if any, taken by the plaintiff to OBTAIN EXPERT ADVICE and the nature of any such advice he may have received.

21

What constitutes a disability for the purposes of the Limitation Act?

- Infancy

- Lacking capacity under MCA.

22

When does time start to run for a limitation period?

In particular, when does accrual occur for:

Breach of contract

Torts

Torts requiring proof of damage (except PI)

The day following the date of accrual (at midnight).

For breach of contract, accrual occurs at moment of breach.

For torts, accrual occurs at date of wrongful act.

For torts requiring proof of damage (except personal injury), accrual occurs the date on which the damage occurred.

23

TRUE or FALSE. Limitation is a defence.

TRUE. C is never barred from making a claim; D must raise the defence.

24

TRUE or FALSE: litigation friends are mandatory for disabled individuals to bring claims under the LA?.

FALSE. Children can have them, but they are mandatory for mentally incapacitated individuals. See CPR 21.2

25

Adams v Bracknell Forest [2004], the claimant was unable to read or write. Was it be reasonably expected of him to disclose this to his doctor?

Yes. There is no reason why dyslexic people would not be as curious about the root of their problems.

26

In Kew v Bettamix Ltd [2006] , was it held that constructive knowledge dated from when K's doctors first told him his symptoms might be attributable to vibration exposures at work?

Yes. Although K was not told expressly at that time of the causative link, the doctor's conclusions demonstrated that there was a real possibility that his working conditions had caused the symptoms and, for a reasonable man, required investigation

27

TRUE or FALSE: Wilkinson v Ancliff BLT Ltd [1986] said that a defendant needs all the details necessary to prove a case before the limitation period starts running.

FALSE. Time runs from the date when a plaintiff knows that he has a possible case against the potential defendants; it is not necessary that he should have all the details available to prove his case for time to start running.

28

Hayward v Fawcetts [2016] said that the date of requisite knowledge for the purposes of section 14A(8)(a) was not when H first knew he might have a claim for damages, but instead when...

H first knew enough to justify setting about investigating the possibility that F's advice was defective.

29

Eagle v Redlime [2011] said what about knowledge of drainage system damage / wall cracks?

C's knowledge that there had been subsidence causing the drainage system to sink and cracking to the walls was sufficient to lead a reasonable person to consider it sufficiently serious to justify commencing proceedings for damages as stipulated by section 14A(7).

Knowledge, for the purposes of section 14A(8) does not mean knowing for certain.

Full knowledge of the extent of damage is not required to start time running.

30

When might a court allow an amendment to a statement of case if the relevant limitation period has ended?

CPR 17.4
(2)The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.

(3) The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.