LIMITATION
UNIT 2
Date from which limitation calculated
8-3.1
In Matthew v Sedman [2021] UKSC 19 it was held that when a deadline
expired at midnight on a given day, any cause of action arising from a
failure to meet the deadline arose on the stroke of midnight, not on the
following day. Therefore, the following day was not excluded when
calculating the expiry of the relevant limitation period. In contrast, when
the cause of action accrued part-way through a day, it was well
established that the day on which the cause of action accrued was
excluded.
Date when action “brought”
8-3.2
The key sections in this statute state that actions shall not be “brought”
after the expiry of time limits calculated from the date on which the cause
of action accrued. CPR r.7.2(2) states that a claim form is “issued” on the
date entered on the form by the court. Paragraph 6.1 of Practice Direction
7A (How to Start Proceedings—The Claim Form) states that proceedings
are “started” when the court issues a claim form at the request of the
claimant but where the claim form as issued was received in the court
office on a date earlier than the date on which it was issued by the court,
the claim is “brought” for the purposes of the Limitation Act 1980 and any
other relevant statute on that earlier date. However, if a claim form issued
after the expiry of limitation is substantially different from the claim form
received before the expiry of limitation, it will not be possible to conclude
that the claim form “as issued” had been received by the court office on
the earlier date: Guo v Kinder [2024] EWCA Civ 762.
In Dixon v Radley House Partnership (A Firm) [2016] EWHC 2511 (TCC) it
was held that where the correct fee had not been paid at the date of issue
of proceedings due to the articulation of later claims alleging loss of a
higher value, time nevertheless stopped running at the date of issue for
,the purposes of the Limitation Act 1980, provided that there was no
abusive intent on the claimant’s part.
In Wells v Wood [2016] 12 WLUK 226 HHJ Godsmark QC held that a claim
form issued and sealed by a court after payment of an incorrect fee was
effective to stop time from running for the purposes of the Limitation Act
1980.
In Butters v Hayes [2021] EWCA Civ 252, the Court of Appeal held that
where a new claim is made by way of amendment within a relevant
limitation period, and that claim is not otherwise abusive, it will not
become time-barred at a later stage because an applicable court fee had
not been paid.
In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212; L.T.L. 16/20/2018 the
Court of Appeal held that the period of a stay of proceedings did not count
towards the time limit for service of a claim form.
Section 2
Part I Ordinary Time Limits for Different Classes of Action
Actions founded on tort
2. Time limit for actions founded on tort
8-4
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.
Section 5
Part I Ordinary Time Limits for Different Classes of Action
Actions founded on simple contract
5. Time limit for actions founded on simple contract
8-11
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.
Section 10
Part I Ordinary Time Limits for Different Classes of Action
Actions for sums recoverable by statute
, 10.— Special time limit for claiming contribution
8-21
(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.
(2) For the purposes of this section the date on which a right to recover
contribution in respect of any damage accrues to any person (referred to
below in this section as “the relevant date”) shall 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, in any case not within subsection (3) above, 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 shall be 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, as the case may
be) to whom the payment is to be made.
(5) An action to recover contribution shall be one to which sections 28, 32
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.
Section 11
Part I Ordinary Time Limits for Different Classes of Action
Actions in respect of wrongs causing personal injuries or death,
etc
11.— Special time limit for actions in respect of personal injuries
8-23
UNIT 2
Date from which limitation calculated
8-3.1
In Matthew v Sedman [2021] UKSC 19 it was held that when a deadline
expired at midnight on a given day, any cause of action arising from a
failure to meet the deadline arose on the stroke of midnight, not on the
following day. Therefore, the following day was not excluded when
calculating the expiry of the relevant limitation period. In contrast, when
the cause of action accrued part-way through a day, it was well
established that the day on which the cause of action accrued was
excluded.
Date when action “brought”
8-3.2
The key sections in this statute state that actions shall not be “brought”
after the expiry of time limits calculated from the date on which the cause
of action accrued. CPR r.7.2(2) states that a claim form is “issued” on the
date entered on the form by the court. Paragraph 6.1 of Practice Direction
7A (How to Start Proceedings—The Claim Form) states that proceedings
are “started” when the court issues a claim form at the request of the
claimant but where the claim form as issued was received in the court
office on a date earlier than the date on which it was issued by the court,
the claim is “brought” for the purposes of the Limitation Act 1980 and any
other relevant statute on that earlier date. However, if a claim form issued
after the expiry of limitation is substantially different from the claim form
received before the expiry of limitation, it will not be possible to conclude
that the claim form “as issued” had been received by the court office on
the earlier date: Guo v Kinder [2024] EWCA Civ 762.
In Dixon v Radley House Partnership (A Firm) [2016] EWHC 2511 (TCC) it
was held that where the correct fee had not been paid at the date of issue
of proceedings due to the articulation of later claims alleging loss of a
higher value, time nevertheless stopped running at the date of issue for
,the purposes of the Limitation Act 1980, provided that there was no
abusive intent on the claimant’s part.
In Wells v Wood [2016] 12 WLUK 226 HHJ Godsmark QC held that a claim
form issued and sealed by a court after payment of an incorrect fee was
effective to stop time from running for the purposes of the Limitation Act
1980.
In Butters v Hayes [2021] EWCA Civ 252, the Court of Appeal held that
where a new claim is made by way of amendment within a relevant
limitation period, and that claim is not otherwise abusive, it will not
become time-barred at a later stage because an applicable court fee had
not been paid.
In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212; L.T.L. 16/20/2018 the
Court of Appeal held that the period of a stay of proceedings did not count
towards the time limit for service of a claim form.
Section 2
Part I Ordinary Time Limits for Different Classes of Action
Actions founded on tort
2. Time limit for actions founded on tort
8-4
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.
Section 5
Part I Ordinary Time Limits for Different Classes of Action
Actions founded on simple contract
5. Time limit for actions founded on simple contract
8-11
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.
Section 10
Part I Ordinary Time Limits for Different Classes of Action
Actions for sums recoverable by statute
, 10.— Special time limit for claiming contribution
8-21
(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.
(2) For the purposes of this section the date on which a right to recover
contribution in respect of any damage accrues to any person (referred to
below in this section as “the relevant date”) shall 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, in any case not within subsection (3) above, 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 shall be 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, as the case may
be) to whom the payment is to be made.
(5) An action to recover contribution shall be one to which sections 28, 32
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.
Section 11
Part I Ordinary Time Limits for Different Classes of Action
Actions in respect of wrongs causing personal injuries or death,
etc
11.— Special time limit for actions in respect of personal injuries
8-23
