Class notes
Limitation
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Lecture notes of 2 pages for the course Civil Litigation at ULaw (Limitation)
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Date from which limitation is calculatedAny 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 date of the relevant limitation period. In contrast, when the cause of
action accrued was way through a day, it was well established that the day on which the cause
of action accrued was excluded
Date when action “brought”
• Actions shall not be brought after the expiry date of time limits calculated from the
date the cause of actions accrued
• Claim form is issued on the date entered on the form by the court
• If claim form was received in the court office on a date earlier than the date on which
it was issued by the court, the claim in brought under that earlier date
TIME LIMITS: LIMITATION ACT 1980
• Action shall not be brought
• Actions founded ON
Tort (s2) 6 years from date of cause of action
Simple contract (s5) 6 years from date of cause of action
Claiming contribution (s10) 2 years from the date when the right accrued
Special time limit for personal injuries 3 years from
(a) Date on which the cause of action
accrued OR
(b) The date of knowledge (if later) of
the person injured
If the person injured dies before expiration
of period, period is applicable for surviving
benefit of his estates
- 3 years from the date of death OR
- Date of personal representative’s
knowledge
Special time limit for actions under Fatal 3 years from:
Accidents Act 1976 (a) Date of death OR
(b) Date of knowledge of the person
whose benefit the action is brought
Date of knowledge of following facts (a) Injury in question was significant
AND
(b) Injury was attributable in whole or
in part to the act or omission which
is alleged to constitute negligence,
nuisance or breach of duty AND
(c) Identity of the defendant AND
(d) It is alleged that the act or omission
was the person other than the
Defendant, the identity of that
person and additional facts
supporting the bringing of an action
against the Defendant
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