Flowcharts on Limitation Periods (Civil Procedure)

Type of Claim




General Contract Tort Personal Injuries Fatal Accidents Enforcing Contribution
Exceptions (Contract & Tort) Act Judgements Claims
s.5 s.2
s.32 s.28 s.10
s.24(1)
6 years from Exceptions? Exceptions?
Fraud, Disability Date of Breach
Concealment, 6 years from the
s.33 2 years from:
Mistake date the judgment
becomes
s.12 Final judgement on
Discretion No enforceable
the original claim
6 years from Latent No to disapply Exception OR
Date ceased Damage Exception s.33 Date of arbitration Extra Notes on Contract
to be disabled
s.14A s.11 award (if that route
Time doesn’t begin s.2
had been taken)
&B Date of breach depends on
until C discovers fraud/ OR
concealment/ mistake 6 years 3 years from accident/death nature of the claim.
6 years from Settlement
or could with from date or date of knowledge
date of damage
reasonable diligence of damage
Exceptions? OR
have discovered it 3 years from s.33(1)
CPR Eg:
date of r.40.7 – judgment takes Breach of implied terms
knowledge When courts can Date of Knowledge
effect from the day it was as to satisfactory
disapply: given/made or the date quality – time runs from
Time from - where equitable to do s.11(4)(b s.12(2)(b) specified by the court delivery of goods
Action
date ceased so
)
to be When will a person - balancing between r.40.11 – Party must Claim for late delivery –
disabled prejudice suffered by C Personal Fatal
have knowledge? comply w judgment within time runs from date in
Land(money/title Cannot against prejudice to D Injury Accidents Act 14 days of judgment order ctt the goods should’ve
recover s.14(A) been delivered
Libel/Slander 1 year - Claimant suffered
Claiming 2 years ‘material damage’ Non-payment of price –
Contribution Assessing balance of When will a person Time does not start
- Damage attributable time runs from
Personal 2 years prejudice: have knowledge? to run until date of
to alleged negligent contractual date for
Injury/FAA act/omission knowledge of person payment
Defective products: s.33(3) s.14(1) for whose benefit the
- identity of defendant
PI/FAA No time - consider ‘all the - Injury was significant claim is brought
- if applicable (identity
circumstances of the case’ - Injury attributable to
limit of wrongdoer –
Others 3 years - give regard to 6 factors: act/omission which is
vicarious liability)
- length & reason for delay alleged to constitute Interest on Judgment
- extent the evidence is NB: - 8% p.a.
negligence, nuisance
likely to be less cogent Knowledge that acts - Begins to run from
Notes: or breach of duty; and
- conduct of D after CoA were matters of law – date the judgment was
- identity of defendant
- Duration of any disability irrelevant (s.14(1)) given (CPR r.40.8(1))
Time stops running when a claim is ‘brought’. - if applicable (identity
of P of wrongdoer – - No arrears of interest
Brought ≠ issue Absolute knowledge
- Steps taken by P to vicarious liability) can be recovered after 6
obtain any advice is NOT the test; years from date when
Brought – when claim form and issue fee is delivered to court knowing as a real
(medical/legal) and nature interest became due
of the advice P received possibility is the test (s.24(2))