Unit 2 - Limitation Periods

The point in time when a legal claim arises. This is crucial for determining the applicable limitation period.

The specific time allowed to bring a legal claim. Different types of claims have different periods, for example, tort and contract claims have different limits.

These are claims for a civil wrong, like negligence or trespass. These cases have a specific limitation period to file a lawsuit.

These types of claims involve damage caused gradually over time, and claimants often don't realize the injury until much later. There are special provisions for limitation in these cases.

Injuries caused by accidents or misconduct, these often require a longer limitation period due to the complexity of the injury and legal processes.

These are claims made after a death due to negligence, the limitation period starts from the date of the death.

Claims arising from a breach of a contract, such as a failure to deliver goods or services. Specific timeframes apply.

Claims made by a party who has had to pay damages because of another's negligence. It's a way to recover some of the money lost.

In the Matthew v Sedman case, the Supreme Court determined that a cause of action arising from a deadline missed at midnight, occurs on the stroke of midnight. The next day is not included when determining limitation periods. However, if the cause of action occurs at any point other than midnight, the day of the occurrence is excluded when calculating the limitation period.

The 'date of knowledge' is the date from which limitation periods are calculated for certain causes of action like personal injuries and fatal accidents.

According to CPR Rule 7.2(2), a claim form is considered 'issued' on the date the court enters the claim form, which is the date from which the Limitation Act 1980 considers the legal action to be 'brought'.

A special limitation time applies to claims seeking contribution from another party, as specified in the Limitation 1980 Act. This time limit is separate from the general limitations for other claims like tort or contract.

When a claim arises from personal injuries, the Limitation Act 1980 has a dedicated time limit for actions. This is different from the general time limits for other types of claims.

The Limitation Act 1980 establishes a separate timeframe for pursuing legal actions related to fatal accidents. This timeframe is distinct from the general limitation periods for other types of claims.

A claim for wrongful harm, such as negligence or trespassing, must be filed within 6 years of the incident.

The date when a legal right to sue is acquired.

For theft, the limitation period is 6 years from the date of the theft, or 3 years from the date the stolen property was recovered, whichever is later.

Suits for defamation, slander, and other forms of malicious falsehood aren't bound by the 6-year tort limit.

Claims related to defects in buildings have a longer limit of 15 years, giving more time to address issues.

Simple contracts have a 6-year limitation period, providing time to resolve disputes and enforce obligations.

A contribution claim, where one party seeks reimbursement for losses due to another's negligence, must be filed within 2 years.

In personal injury cases, the time limit is 3 years from the injury or when the person became aware of it, whichever is later.

A cause of action for negligence arises when all four elements are satisfied: (1) knowledge of a significant injury, (2) knowledge that it was caused by negligence, (3) knowledge of the defendant's identity, and (4) if the negligence was committed by someone other than the defendant, knowledge of that person's identity and sufficient facts supporting an action against the defendant.

This refers to the time a person realizes their injury is significant and potentially caused by negligence, even if they don't fully grasp the legal ramifications.

The specific time limit for bringing a negligence claim. It can be 6 years from the date the cause of action accrued or 3 years from the starting date, whichever period is longer. The starting date is the earliest date the plaintiff had both the required knowledge to sue and the right to sue.

A legal principle stating that the limitation period for a claim begins when a person knows or ought to know that they have a potential claim.

Claims for negligence involving latent damage, where the injury develops gradually over time and the person might not be aware of it immediately.

The time limit for bringing a negligence claim that doesn't involve personal injuries is 15 years from the date of the negligent act or omission.

The court firmly rejected the argument that a claimant must know they have a cause of action in order to trigger the limitation period, meaning the date of knowledge is the crucial factor.

Claims for recovery of land have a limitation period of 12 years.

Actions to collect rent have a time limit of 6 years from the date the rent payments became due.

Claims to recover money secured by a mortgage or charge or to recover proceeds from the sale of land have a limitation period of 12 years from the date the right to receive the money arose.

The defendant's behavior might influence the court's decision on s33 exclusion. This could involve delays in responding to communications, ignoring requests, or generally hindering the process.

The length of time it takes for a chronic condition to be diagnosed can impact s33 exclusion, as it may be harder to find reliable evidence from long ago.

Under the MCA 2005, a disability may impact the timing of legal proceedings.

The claimant acting promptly and reasonably after knowing about the cause of their injury is relevant to s33 exclusion.

If the defendant's legal team argues they acted slowly, the claimant's counsel can point to the fact they were relying on their solicitor's advice.

The time limit for legal action starts from the date of 'actual knowledge', which is when the claimant becomes aware of the potential claim, including the identity of the defendant.

This rule applies when the damage, like in a construction case, doesn't become obvious until years later. It gives a separate 3-year time limit from the date of 'actual knowledge' to file a negligence claim.

If the true identity of the defendant is not known, it may delay the start of the limitation period. This applies to claims under section 14(1)(c) of the Limitation Act 1980.