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Limitation Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Limitation notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

LIMITATIONlimitation = procedural defence - D must set out in SoCC still has cause of action BUT cannot be enforced

4 Questions:

1. Is the claim for PI? - overrides other limitation periods

2. What is the date of accrual? - starts time running

3. Has claim been brought within limitation?

4. If not - can limitation be disapplied?

1. PI CLAIM?= all claims where remedy includes damages for PI (including anxiety, stress, failure to treat a condition)

2. DATE OF ACCRUAL OF A CAUSE OF ACTION= date substantive elements of claim presenttime runs from day after action arises - parts of days ignored

PI (3 years)accrual = date of damage OR date of knowledge

Tort (6 years)negligence

o

accrual = date damage sustained

o

claims against solicitorsnegligent advice - date advice is acted uponnegligently allowing claim to be struck out - date C had no arguable basis for avoiding strike outnegligent property valuation - date transaction entered (unless no loss date value of property falls below value of loan)continuing torts - give rise to a fresh cause of action each time damage sufferedconversion - date D deals with goods in way consistent with rights of owner (after 6 years C's title extinguished)

Defamationfrom date of wrongful act (actionable per se)

Fatal accidents and death (PI ? 3 years)

?

claim brought by: dependants OR PR (estate)accrual = date of death (OR date of knowledge of dependant)

Defective products
? accrual = date of damage (to property or PI) (OR date of knowledge (PI)) Contract (6 years)accrual = date of breach (no need to prove loss)breach =

o

non-payment of goods - contractual date payment due

o

non payment for work - completion of work

o

defective goods - date of delivery

o

defective work - substantial completion of work

o

late delivery of goods - contractual date delivery due

o

claim against surety - date of default by debtor

o

anticipatory repudiatory breach - date of acceptance (termination)repeated breaches - C can claim for all breaches within 6 years before claim broughtclaim for specific performance: usual time limits only apply by analogy

Recovery of land (12 years)accrual = date of adverse possession

oD gains legal title if has actual possession (physical control) AND intention to possess (intention to exclude others) for 12 years

registered land - D may apply for registration after 10 years' possession

o

notification sent to registered owner and chargees

o

if no counter-notice - D registered as legal owner free from all charges

o

if counter-notice - C has 2 years to evict

o

fail to evict - D may reapply for registration - automatically registered if still in possession

Contribution claims (2 years)accrual = date C's primary liability fixed, disregarding possible appeals

o

if determined by court - time runs from judgment

o

if fixed by agreement - time runs from date of settlement

JRaccrual = date when grounds for application arose

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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