Unit 2 - Limitations Reading & Lecture Notes PDF

**PREPARATORY READING (and Syllabus Areas)** **To prepare for this Unit you should:** 1. Read the examinable material in The White Book set out in the Syllabus below - DONE 2. Read the [[Limitation Overview]](https://elite.law.ac.uk/bbcswebdav/pid-15832623-dt-content-rid-404817440_4/xid...

**PREPARATORY READING (and Syllabus Areas)** **To prepare for this Unit you should:** 1. Read the examinable material in The White Book set out in the Syllabus below - DONE 2. Read the [[Limitation Overview]](https://elite.law.ac.uk/bbcswebdav/pid-15832623-dt-content-rid-404817440_4/xid-404817440_4) in the Civil Litigation 'Prepare' folder on Elite - DONE 3. Read the following commentary in the White Book: 8-5, 8-12.1, 8-22, 8-33, 8-36, 8-43 (first five sub-paragraphs), 8-46, 8-64, 8-75 (first sub-paragraph), 8-90, 8-91.1, 8-92, 8-93 and 8.94. These paragraphs are not on the syllabus but provide context to enable you to understand how the rules operate 4. Read and consider the mini-brief in the case of [[Scott Iverson v Amazon Wood Group]](https://elite.law.ac.uk/bbcswebdav/pid-15832623-dt-content-rid-404815855_4/xid-404815855_4) 5. Read the section on 'How to advance a limitation argument' in [[Lexis Practice Note -- Limitation Act 1980 -- general application]](https://plus.lexis.com/uk/document/?pdmfid=1001073&crid=b655d44b-3c69-4382-9a6f-2baeb1e6dfb2&pddocfullpath=%2Fshared%2Fdocument%2Fpractical-guidance-uk%2Furn:contentItem:55MY-DD91-F18B-83J9-00000-00&pdcontentcomponentid=128510&pdteaserkey=&pdislpamode=true&pddocumentnumber=1&pdworkfolderlocatorid=NOT_SAVED_IN_WORKFOLDER&ecomp=dt5k&earg=sr0&prid=ad8347cc-e78a-4fb3-b071-3ae7baec446b) **BSB Centrally Set Assessments Syllabus Coverage for Unit 2** **(please see syllabus for full WB references):** **SYLLABUS AREA 2. Limitation** 1. Accrual of causes of action 2. Limitation periods in cases of tort, latent damage, personal injury, fatal accident, contract, and contribution claims 2 **Limitation** ================ 1. accrual of causes of action 2. limitation periods in cases of tort, latent damage, personal injury, fatal accident, contract, and contribution claims ***Examinable Material*** 1. Examinable material on accrual of causes of action will include the date from which limitation is calculated; and the date when an action is 'brought'. The relevant material is addressed in *the* **commentary** at paragraphs 8-3.1 and 8.3-2 *of Volume 2* *of \'Civil Procedure\' (the White Book) 2024.* 2. Examinable material on limitation periods in cases of tort, latent damage, personal injury, fatal accident, contract, and contribution claims will consist of the time limit for actions founded on tort; the time limit for actions founded on simple contract; the special time limit for claiming contribution; the special time limit for actions in respect of personal injuries; the special time limit for actions under Fatal Accidents legislation; the definition of date of knowledge for actions in respect of personal injuries and actions under Fatal Accidents legislation; the special time limit for negligence actions where facts relevant to the cause of action are not known at the date of accrual; knowledge of the claimant in negligence actions; the overriding time limit for negligence actions not involving personal injuries; the time limit for actions to enforce judgments; extension of limitation period in case of disability; postponement of limitation period in case of fraud, concealment or mistake; and discretionary exclusion of time limit for actions in respect of personal injuries or death. The relevant material is addressed in the *Limitation Act 1980 sections 2, 5, 10, 11, 12, 14, 14A, 14B, 24, 28, 32, 33(1), 33(2), 33(3), 33(4), 33(5), 33(6), 33(7) and 38(2), which are to be found between paragraphs 8-4 and 8-119 of Volume 2 of \'Civil Procedure\' (the White Book) 2024; and in* t*he* commentary at 8-38 *and t*he first two sub-paragraphs at 8-43 (ending "... the claimant was unaware of any valid basis for the claim.") *of Volume 2 of \'Civil Procedure\' (the White Book) 2024.* **[Accrual of causes of action including the date from which limitation is calculated; and the date when an action is 'brought']** [8.3.1 -- date from which limitation calculated ] *Matthew v Sedman* \[2021\] UKSC held when a deadline expired at midnight on a given day, any cause of action arising from failure to meet the deadline arose on stroke of midnight. Next day NOT excluded when calculating expiry of relevant limitation period. Except, if cause of action accrued midway through day, the day on which it occurred is excluded. [8.3.2 -- date when action 'brought' ] CPR r7.2(2) states claim form is 'issued' on date entered on the form by the court -- for purposes of Limitation Act 1980, the claim is 'brought' on that date. **[Limitation periods in cases of tort, latent damage, personal injury, fatal accident, contract, and contribution claims]** 8.4 s2 LA 1980 tort action shall not be brought after 6 years from date on which cause of action accrued. 8.5 explains accrual of cause of action 8.7 s3(1) LA 1980 conversion of chattel and extension of title of owner of converted goods; no action brought after expiration of 6 years from the accrual of the cause of action 8.8 special time limit for theft *Rights not subject to time limits under s2 and 3(1) LA 1980* *8.9 Time limit for defamation or malicious falsehood* *S4A says time limit under s2 LA 1980 will not apply to actions for (a) libel/slander, and (b) slander of title/goods/other malicious falsehood* *8.10.2 special time limit for certain actions in respect of damage or defects in relation to buildings* *15 years* *8.11 action based on simple contract* *6 years* *8.12.2 damages for late payment of insurance claims* *Expires one year from date on which insurer paid all the sums* *8.17 action on a speciality* *12 years from date on which cause of action accrued* *8.21 special time limit for claiming contribution* *If someone entitled to recover contribution in respect of any damage from another person, no action to recover shall be brought after the expiration of **two** years form date on which right accrued.* *8.22.1 action by insurers in respect of automated vehicles* *Action against any person expires two years from date on which right of action accrued.* *8.23 special time limit for actions in respect of personal injuries* *S11 LA 1980* *S11(4) Except where subsection (5) applies, the period applicable is three years from --* a. *Date on which cause of action accrued, or* b. *Date of knowledge (if later) of person injured* *Subsection (5) = if someone dies then its 3 years from date of death or date of personal representative's knowledge.* *8.25 action in respect of defective products (talking about product liability)* *10 years* *8.31 contains definition of date of knowledge for purposes of sections 11 and 12 of LA 1980* *Commentary at 8.38 on s14(1) date of knowledge:* - *This extension of the law was designed to overcome the rule that in actions in tort the cause of action accrued when the damage first occurred and not when the claimant first discovered the same. By which time action may have become statute barred (Cartledge v E Jopling & Sons Ltd \[1963\])* - *Date of knowledge defined as, date on which X had knowledge of 4 matters:* a. *That the injury in question was significant* b. *The injury was attributable in whole or in part to act or omission alleged to constitute negligence, nuisance or breach of duty* c. *Identity of D* d. *If allege act or omission was committed by another than D, the identity of that person and additional fact supporting the bringing of an action against D* - *These 4 \^ are exhaustive but all four must be present; Dobbie v Medway HA \[1994\]* - *Court firmly rejected the argument that C must know he has a possible cause of action; Dobbie v Medway HA \[1994\]* *8.41 Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual* *S14A(4) action to which this section applies shall not be brought after expiration period, which is:* a. *6 years from date on which cause of action accrued, or* b. *3 years from the starting date as defined in subsection (5) below -- if this period lasts longer than subsection (4(a)) above* *S14A(5) starting date = the earliest date in which plaintiff or representative had BOTH the knowledge required for bringing an action for damages in respect of the relevant damage AND a right to bring such an action.* *8.45 overriding time limit for negligence actions not involving personal injuries* *S14B LA 1980 - 15 years from the date on which their occurred a negligent act or omission.* *8.48 time limit for actions to recover land* *12 years* *8.54 time limit for actions to recover rent* *Expires after 6 years form the date on which the arrears became due.* *8.57 time limit for actions to recover money secured by a mortgage or charge or to recover proceeds from the sale of land* *Expires after 12 years from the date on which the right to receive the money accrued.* *Nb. Trust property different -- see 8.59 / s21 LA 1980* *[Part II Extension of Exclusion of Ordinary Time Limits ]* *8.73 extension of limitation period in case of disability* *S28(1) Action may be brought at any time before the expiration of six ears from the date which he ceased to be under a disability or died (whichever first occurred)* *8.84 postponement of limitation period in case of fraud, concealment or mistake* *S32 LA 1980 -- any action for which a period of limitation is prescribed by this Act, ie.* a. *Action based on fraud of D* b. *Any fact relevant to right of action which has been concealed by the D* c. *Action for relief for consequences of a mistake* *The period of limitation shall not begin to run until Plaintiff has discovered the fraud, concealment, or mistake.* *8.86 Discretionary exclusion of time limit for actions for defamation or malicious falsehood* *8.88 Discretionary exclusion of time limit for actions in respect of personal injury or death* ***S33(1) LA 1980** -- If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree which --* a. *Provisions of s11, 11A, 11B or 12 Act may prejudice the plaintiff, and* b. *Any decision of the court under this subsection would prejudice the defendant (or any person he represents)* *8.99.1 extension of time limits because of mediation in certain cross-border disputes* *8.99.3 extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes* *Lecture Notes* *Period of time within which a claim can be brought (issued to the court); it varies depending on the particular cause of action.* *Consequences of failing to issue -- claim could be time barred (there are exceptions to this eg s33 LA 1980)* - *Note limitation periods in other Acts eg some international conventions -- do not offer exceptions* - *Expiration extinguishes cause of action* *When writing an opinion, check that a limitation period is not close -- if it is you should mention this in your opinion* *IVERSON NOTES* Notes *8.23 special time limit for actions in respect of personal injuries* *S11 LA 1980* *S11(4) Except where subsection (5) applies, the period applicable is three years from --* c. *Date on which cause of action accrued, or* d. *Date of knowledge (if later) of person injured* *Subsection (5) = if someone dies then its 3 years from date of death or date of personal representative's knowledge.* - *Date of knowledge defined as, date on which X had knowledge of 4 matters:* e. *That the injury in question was significant* f. *The injury was attributable in whole or in part to act or omission alleged to constitute negligence, nuisance or breach of duty* g. *Identity of D* h. *If allege act or omission was committed by another than D, the identity of that person and additional fact supporting the bringing of an action against D* *When did Scott Iverson know all 4 of the above?* On 15 February 2021 my GP told me that I was suffering from chronic asthma and that **it was possible that this was brought about by excessive inhalation of sawdust, but that he could not be certain of this** **Or** On 24 November 2021 I saw Mr Anderson at the Royal Bridge Infirmary. He is a specialist in the treatment of pulmonary diseases. He told me that in his view I have **developed Chronic Obstructive Pulmonary Disease (COPD) and he advised me that sawdust inhalation is the most likely cause of my illness** - **Note,** fact he only knew he had a claim in 2022 not relevant - *Court firmly rejected the argument that C must know he has a possible cause of action; Dobbie v Medway HA \[1994\]* *We are looking at s11(4) which refers to date of knowledge* *Date of knowledge s14(1)* - *Date of knowledge defined as, date on which X had knowledge of 4 matters:* i. *That the injury in question was significant* j. *The injury was attributable in whole or in part to act or omission alleged to constitute negligence, nuisance or breach of duty* k. *Identity of D* l. *If allege act or omission was committed by another than D, the identity of that person and additional fact supporting the bringing of an action against D* *Could say that when GP says 'possible but not sure' is not 'sufficient certainty' -- as knowledge is defined under 14A at CPR 8-38.* *Only when the specialist says 'most likely cause' -- can you consider this sufficient certainty to initiate proceedings.* *In any event, has he contributed to this situation -- by returning to work on 1^st^ Jan 2021* *He also concedes he thought the breathlessness was associated with his weight gain following a football injury* *Working from 1992, masks given in 2014 -- insisted on wearing in 2018* *Under 14(1) we have 3 issues to consider* 1. *Significant injury* *'sufficiently serious to justify instituting proceedings'* *dec 2020 signed off work: but the fact he still tried to go to work might be a point in his favour mitigating against a claim of significance* *When he is told in **feb 2021** he has chronic asthma, it is by this date it is arguable that he should have known it was significant (also possible to argue it is from when he is signed off work, but for purposes of exercise let us assume significance known from 15/02/2021)* 2. *Attributable* *Feb 2021 -- told of 'possibility' that it could be the cause* *See definition of 'knowledge' under 8-38* *Told 'likely cause' on 24/11/2021* *In lecture it was suggested he knew it was attributable in Feb 2021 on the basis that the GP specifically linked it to the inhalation of sawdust.* 3. *Identity of D* *We know D = AWG Company* *Overall* *Limitation period could be 15^th^ Feb 2024* *So, he is TIME BARRED; outside of statute of limitations.* *However, any exceptions?* *Could sue solicitors in negligence for giving advice to wait* *Prior to this, a more likely course of action SECTION 33* *S33(3) In deciding whether to set aside, the court shall have regard to all circs of the case, and in particular to:* *(see s33)* *In s33 the court has to balance the prejudice that would be experienced by each side as a result of any decision take by the court to exclude the time limit* *Applying s33 to our facts:* *Subsections:* a. *Length/reason for delay* a. *Following legal advice of solicitor 'wait for results of medical tests before starting action'* b. *Whether the delay will make evidence on either side less cogent* b. *If you are a D and someone applies for s33 relief, you will often argue that given how much time has elapsed it will be difficult to get reliable witness evidence (memory fades, employees leave etc)* c. *Conduct of defendant* c. *Has defendant messed C around, ignored their comms, taken a long time to respond to queries etc* d. *~~Duration of any disability arising~~* d. *~~Chronic obstructive pulmonary disease -- takes longer to get a diagnosis of a chronic disorder~~* e. *DISABILITY -- in terms of MCA 2005* e. *C acted promptly and reasonably once he knew about attributability* f. *If you were a defendant barrister, you might say he has moved slowly* g. *Counsel for C will say he was merely acting on advice of solicitor* f. *Steps to obtain medical, legal, and expert advice* h. *Took steps to get medical advice from 3 individuals* *Judge may allow s33 exclusion, and allow proceedings to be issued* *If judge says NO, his last option is to launch a negligence claim against the solicitors for giving negligent advice to wait* Consider the additional instructions in Scott Iverson v Amazon Wood set out below, discuss in your groups and reach a conclusion on how to advise him. Use the White Book to assist you. **ADDITIONAL INSTRUCTIONS IN IVERSON**   Instructing Solicitors have just learned that AWG, with which Mr Iverson's employment contract appears to be made is, in reality, four separate limited companies. Mr Iverson has just discovered that his effective employer is one such company by the name of Selva Ltd.  Does this make any difference to Counsel's advice?  Point out that he therefore did not know the true identity of the defendant under s14(1)(c) S14A -- LATENT OR HIDDEN DAMAGE, damage that was not immediately apparent \*\* does not apply to personal injury LP = 6 years from action accrued or 3 years from date of actual knowledge If the 6 years expires, 14A gives alternative cause of action based in negligence running for 3 years from date of knowledge Often used in building cases where faulty construction of a building does not become apparent until many years later \*\* if it is a PI claim and your considering knowledge -- see 14(1) If not PI you are looking at 14A