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BPTC Law Notes BPTC Civil Ligitation Notes

Limitation Periods Notes

Updated Limitation Periods Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

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Limitation Periods

Time Limit Action Provision
"Promptly and in any event no more than 3 months from the date when the grounds for the application first arose"

  1. Judicial Review

 r54.5(1)
1 year

  1. Human Rights Act 1998

 s7 HRA 1998
2 years

  1. Civil Liability (Contribution) Act 1978

  2. Claims for PI, or damage to vessel, cargo, or property, or PI to passengers at sea

s10 LA 1980

s190(3) Merchant Shipping Act 1995
3 years

  1. Personal Injury (Whether derived action is negligence, breach of duty, statute etc)

  2. Fatal Accidents Act 1976

s11 LA 1980

s12 LA 1980
6 years

  1. General Tort (Unless Negligence, Latent Damage, Simple Tort, or PI)

  2. Contract

  3. Statutory Claims

  4. Special Period for Latent Damage - Negligence

  5. Disability (With PI/Defamation exceptions)

s5 LA 1980

s9 LA 1980

s14A LA 1980

s28 LA 1980
10 years

  1. Defective Products (Date of supply) - NB: This is 3 years if death.

 s11A LA 1980
12 years

  1. Action upon a Speciality

  2. Land (Exc LRA 2002)

s8 LA 1980

s15 LA 1980
15 years

  1. General Negligence (Excluding PI)

 s14B LA 1980
Unlimited

  1. Fraudulent Breach of Trust

 s21(1)(a) LA 1980

Discretionary Adjustments

  • s32A LA 1980 - Court has a discretion in defamation or malicious falsehood, to direct that s4A does not apply after considering the length of, and reasons for the delay by C, when facts became known by C, the extent to which relevant evidence is likely to be available, or less cogent etc.

  • s33 LA 1980 - Court has a discretion in PI/death cases under s11, 11A, 12 LA 1980 to disapply the above time limits where it is “equitable” to do so.

How is time determined?

  • Time limits are determined as follows (Nigel Zoan v Beatrice Rouamba)

    • If fixed period “beginning with”or “from”, it is a question of construction whether it includes the specified date.

    • If fixed period from or after a specified date, the courts have consistently held the specified date is excluded - I.E The period starts after the specified date.

      • I.E: Limitation Periods run X years the day after the date of action accrues!

Children & The Disabled

  • s28 LA 1980 - Time doesn’t run against a person under a disability until they’ve recovered from the disability! So potentially huge limitation period!

  • s38(2) LA 1980 - A child is treated as under a disability until the age of 18!

Basic Limitation Periods for Tort

  1. General Rule is 6 years unless specific period applies

  1. General Negligence = 15 years from the act per s14B LA 1980.

  2. Latent Damage Negligence = 6 years from knowledge per s14A LA 1980;

  3. Simple Tort = 6 years from accident per s2 LA 1980.

  4. Personal Injury Negligence = 3 years from accident or knowledge (later) per s11 LA 1980.

When do you have “knowledge”?

  • ...

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