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A series of questions and answers related to the limitation period in civil litigation within the context of the bptc (bar professional training course). It covers key aspects of limitation periods in tort, contract, personal injury, and fatal accident claims, as well as specific scenarios like latent damage and cases involving individuals with disabilities. Useful for students preparing for the bptc and provides a concise overview of relevant legal principles.
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If the contract was breached at on 20th August when does the time begin to run? - ✔✔21st August
When does the limitation period begin when the Claimant is a child at the date of the cause of action? - ✔✔Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday
When does the limitation period begin when the Claimant lacks mental capacity? - ✔✔Time does not start to run against them at the time of the cause of action. If the Claimant's disability ceases, then time starts to run when they are no longer under the disability.
When does the limitation period begin for cases of fraud, mistake or deliberate concealment? - ✔✔Sc 32- time runs from the date of discovery or when it could have been discovered
How long is the limitation period in tort cases? - ✔✔Sc 2- 6 years
What is the limitation period in contribution claims? - ✔✔Sc 10- 2 years from the relevant date which is the date judgment was given, or the date a person agreed to the amount they would make in contribution
What is the limitation period in Contract claims? - ✔✔Sc 5- 6 years from the breach of contract
What is the limitation period in personal injury claims? - ✔✔Sc 11- 3 years
What is the limitation period for fatal accident claims? - ✔✔Sc 12- 3 years from date of death
When does the limitation period begin in personal injury claims? - ✔✔Sc 14- time runs from the date he cause of action accrued or from the date the Claimant had knowledge. Knowledge includes:
When the Claimant discovers the injury is significant
When the claimant discovers attribution to the act
When the Claimant discovers the identity of the defendant
When the Claimant discovers the identity of any vicarious liability
What is the time limit for actions to enforce judgments? - ✔✔Sc 24- 6 years from the date on which the judgment becomes enforceable
When does the limit start for torts actionable without proof of damage (e.g. libel) - ✔✔
what is latent damage - ✔✔hidden damage
What is the test for s33? - ✔✔If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which the provisions of S11 or 12 prejudice the C and the degree to which any decision would prejudice D.
When can S33 not disapply a provision of S11 - ✔✔In relation to overseas armed forces
Which type of cases does S33 apply to? - ✔✔PI and Fatal Accident only
Where does the burden lie in proving that the court should exercise discretion under s33? - ✔✔Claimant
What is limitation period of latent damage? - ✔✔Either:
What type of cases does the latent damage provision apply to? - ✔✔Negligence actions in tort NOT involving PI