Summary Barrister Training Course - Civil Litigation and Evidence Notes: Limitation
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Course
Barrister Training Course
Institution
Barrister Training Course
Save your precious time by skipping the hassle of creating your own notes! These comprehensive Civil Litigation and Evidence Notes (not in a flowchart style) are in accordance with the Bar Training Syllabus 2023/2024 . I've split the content into various parts, and at the moment, I'm working on upd...
Civil Litigation and evidence
Limitation
LIMITATION
Accrual of causes of action:-
Refer to commentary at paragraphs 8-3.1 and 8.3-2 of Volume 2 of ‘Civil Procedure’
(the White Book).
8-3.1 - The date from which limitation is calculated
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 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.
8-3.2 – Date when action “brought”
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 5.1 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 (see r.7.2), but where the claim form are 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.
Therefore: if an accident occurs on 1 Jan 2017, and you have 3 years
limitation (a Personal Injury claim): would expire at midnight on 1 Jan 2020.
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