Allocation of business between High Court & County Court:
o High Court & County Court both have concurrent jurisdiction over all tort
and contract claims.
o However, there is guidance to follow about commencement, where you start
claims based on value of claims.
Counting limitation periods.
Zoan v Rouamba: what does ‘from’ mean—you don’t count the actual
day the damage was caused, day 1 counts as the day after that.
SO: if accident occurs on 1 Jan 2017, and you have 3 years limitation
(a PI claim): would expire at midnight on 1 Jan 2020.
Limitation Act 1980
Actions in tort
S2 – Time Limit for actions founded on tort
An action founded on tort shall not be brought after the expiration of six years from the
date on which the cause of action accrued.
Actions in contract
S5 – Time Limit for actions founded on simple contract
An action founded on simple contract shall not be brought after the expiration of six
years from the date on which the cause of action accrued.
Contribution claims
S10 – Special Time limit for claiming contribution
(1) Where under section 1 of the Civil Liability (Contribution) Act 1978 any person
becomes entitled to a right to recover contribution in respect of any damage from
any other person, no action to recover contribution by virtue of that right shall be
brought after the expiration of two years from the date on which that right
accrued [i.e. from date of judgment/award given].
(2) [[what is ‘date on which that right accrued?: = “the relevant date”, to be
ascertained as provided in subsections (3) and (4) below.
(3) If the person in question is held liable in respect of that damage—
(a) by a judgment given in any civil proceedings; or
(b) by an award made on any arbitration;
the relevant date shall be the date on which the judgment is given,
or the date of the award (as the case may be).
, For the purposes of this subsection no account shall be taken of any
judgment or award given or made on appeal in so far as it varies the amount
of damages awarded against the person in question.
(4) [[if the parties settle:]] If, in any case not within (3), the person in question
makes or agrees to make any payment to one or more persons in compensation
for that damage (whether he admits any liability in respect of the damage or
not)
the relevant date = the earliest date on which the amount to be paid
by him is agreed between him (or his representative) and the person (or
each of the persons) to whom the payment is to be made.
(5) An action to recover contribution shall be one to which sections 28 [extension for
disability], 32 [postponement of limitation period re fraud/concealment/mistake], 33A
and 35 of this Act apply, but otherwise Parts II and III of this Act (except sections 34,
37 and 38) shall not apply for the purposes of this section.
Personal Injury & Fatal Accidents cases
S11 – Special time limit for actions in respect of personal injuries
(1) This section applies to any action for damages for negligence, nuisance or
breach of duty (whether the duty exists by virtue of a contract or of provision made
by or under a statute or independently of any contract or any such provision) where
the damages claimed by the plaintiff for the negligence, nuisance or breach of duty
consist of or include damages in respect of personal injuries to the plaintiff
or any other person.
(1A) This section does not apply to any action brought for damages under section 3 of
the Protection from Harassment Act 1997.
(2) None of the time limits given in the preceding provisions of this Act shall apply to an
action to which this section applies.
(3) An action to which this section applies shall not be brought after the expiration of the
period applicable in accordance with subsection (4) or (5) below.
(4) Except where subsection (5) below applies, the period applicable is three years from
—
(a) the date on which the cause of action accrued; OR
(b) the date of knowledge (if later) of the person injured.
(5) If the person injured dies before the expiration of the period mentioned in
subsection (4) above the period applicable as respects the cause of action
surviving for the benefit of his estate under s1 Law Reform (Miscellaneous
Provisions) Act 1934 = three years from THE LATER OF:—
(a) the date of death, or
(b) the date of the personal representative’s knowledge;
(NB, s33 discretionary exclusion of time limit for PI claims, where equitable).
(6) For the purposes of this section “personal representative” includes any person who
is or has been a personal representative of the deceased, including an executor who
has not proved the will (whether or not he has renounced probate) but not anyone
appointed only as a special personal representative in relation to settled land; and
o High Court & County Court both have concurrent jurisdiction over all tort
and contract claims.
o However, there is guidance to follow about commencement, where you start
claims based on value of claims.
Counting limitation periods.
Zoan v Rouamba: what does ‘from’ mean—you don’t count the actual
day the damage was caused, day 1 counts as the day after that.
SO: if accident occurs on 1 Jan 2017, and you have 3 years limitation
(a PI claim): would expire at midnight on 1 Jan 2020.
Limitation Act 1980
Actions in tort
S2 – Time Limit for actions founded on tort
An action founded on tort shall not be brought after the expiration of six years from the
date on which the cause of action accrued.
Actions in contract
S5 – Time Limit for actions founded on simple contract
An action founded on simple contract shall not be brought after the expiration of six
years from the date on which the cause of action accrued.
Contribution claims
S10 – Special Time limit for claiming contribution
(1) Where under section 1 of the Civil Liability (Contribution) Act 1978 any person
becomes entitled to a right to recover contribution in respect of any damage from
any other person, no action to recover contribution by virtue of that right shall be
brought after the expiration of two years from the date on which that right
accrued [i.e. from date of judgment/award given].
(2) [[what is ‘date on which that right accrued?: = “the relevant date”, to be
ascertained as provided in subsections (3) and (4) below.
(3) If the person in question is held liable in respect of that damage—
(a) by a judgment given in any civil proceedings; or
(b) by an award made on any arbitration;
the relevant date shall be the date on which the judgment is given,
or the date of the award (as the case may be).
, For the purposes of this subsection no account shall be taken of any
judgment or award given or made on appeal in so far as it varies the amount
of damages awarded against the person in question.
(4) [[if the parties settle:]] If, in any case not within (3), the person in question
makes or agrees to make any payment to one or more persons in compensation
for that damage (whether he admits any liability in respect of the damage or
not)
the relevant date = the earliest date on which the amount to be paid
by him is agreed between him (or his representative) and the person (or
each of the persons) to whom the payment is to be made.
(5) An action to recover contribution shall be one to which sections 28 [extension for
disability], 32 [postponement of limitation period re fraud/concealment/mistake], 33A
and 35 of this Act apply, but otherwise Parts II and III of this Act (except sections 34,
37 and 38) shall not apply for the purposes of this section.
Personal Injury & Fatal Accidents cases
S11 – Special time limit for actions in respect of personal injuries
(1) This section applies to any action for damages for negligence, nuisance or
breach of duty (whether the duty exists by virtue of a contract or of provision made
by or under a statute or independently of any contract or any such provision) where
the damages claimed by the plaintiff for the negligence, nuisance or breach of duty
consist of or include damages in respect of personal injuries to the plaintiff
or any other person.
(1A) This section does not apply to any action brought for damages under section 3 of
the Protection from Harassment Act 1997.
(2) None of the time limits given in the preceding provisions of this Act shall apply to an
action to which this section applies.
(3) An action to which this section applies shall not be brought after the expiration of the
period applicable in accordance with subsection (4) or (5) below.
(4) Except where subsection (5) below applies, the period applicable is three years from
—
(a) the date on which the cause of action accrued; OR
(b) the date of knowledge (if later) of the person injured.
(5) If the person injured dies before the expiration of the period mentioned in
subsection (4) above the period applicable as respects the cause of action
surviving for the benefit of his estate under s1 Law Reform (Miscellaneous
Provisions) Act 1934 = three years from THE LATER OF:—
(a) the date of death, or
(b) the date of the personal representative’s knowledge;
(NB, s33 discretionary exclusion of time limit for PI claims, where equitable).
(6) For the purposes of this section “personal representative” includes any person who
is or has been a personal representative of the deceased, including an executor who
has not proved the will (whether or not he has renounced probate) but not anyone
appointed only as a special personal representative in relation to settled land; and
