BPC High Distinction Civil Litigation Index Notes 2023/2024
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BPC
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BPC
I created these Civil Litigation notes based on the BSB syllabus, incorporating references to the Civil Procedure Rules. The notes are color-coded for clarity: dark pink and bold text highlight super important information, light pink indicates important details, and other colors signify less critic...
2 - Limitation
SYLLABUS AREA 2: LIMITATION
1. Accrual of causes of The date from which limitation is calculated Commentary at 8-3.1 of
action - The day after; the law disregards fractions of days. Volume II of the White Book
The date when an action is ‘brought’ Commentary at 8-3.2 of
- When the claim form is issued. Volume II of the White Book
2. Limitation periods in The time limit for actions founded on tort Section 2 LA 1980
cases of tort, latent - 6 years
damage, personal injury, The time limit for actions founded on simple contract Section 5 LA 1980
fatal accident, contract, - 6 years
and contribution claims The special time limit for claiming contribution Section 10 LA 1980
- Where two or more persons are liable in respect of the same damage (e.g.
joint tortfeasors or joint covenantors) but only one of them pays or is ordered
to pay compensation to the person injured, they are entitled to recover
contribution from the other persons liable.
- 2 years from either:
- The date on which judgment for the compensation was given, or on
which an award was made on an arbitration; or
- If there was no judgment/award, the earliest date on which the amount
of compensation was agreed between the person being compensated
and the person now claiming contribution.
- Remember: Don’t take into account appeals!
The special time limit for actions in respect of personal injuries Section 11 LA 1980
- 3 years
The special time limit for actions under Fatal Accidents legislation Section 12 LA 1980
- 3 years
- No claim can be brought if, when the death occurred, the cause of action of
the person injured was already statute-barred, whether or not an application
under section 33 might have succeeded.
The definition of date of knowledge for actions in respect of personal injuries Section 14 LA 1980;
and actions under Fatal Accidents legislation commentary at 8-38 of
1. The injury in question was significant; Volume II of the White Book
2. The cause of that injury;
3. The identity of the defendant.
,Latent damages: The special time limit for negligence actions where facts relevant Section 14A LA 1980
to the cause of action are not known at the date of accrual
- Actions for negligence other than for personal injuries
- Two alternative periods of limitation:
- Restricted to claims in tort; do not extend to claims for ‘contractual
negligence’: 6 years
- Alternative limitation period of 3 years from the date of knowledge of
the following:
- (a) that the relevant damage was sufficiently serious to justify
proceedings; and
- (b) that the damage was attributable to the alleged negligence; and
- (c) the defendant’s identity.
Knowledge of the claimant in negligence actions First two sub-paragraphs of
1. Damage was sufficiently serious to justify proceedings; the commentary at 8-43 of
2. Attributable to the alleged negligence; Volume II of the White Book
3. Defendant’s identity.
Long-stop period: The overriding time limit for negligence actions not involving Section 14B LA 1980
personal injuries
- 15 years
The time limit for actions to enforce judgments Section 24 LA 1980
- 6 years
Extension of limitation period in case of disability Section 28 and 38(2) LA
- NB: Remember to add these years after he/she turns 18! 1980
Libel/slander 1 year
Contribution claims 2 years
Personal injury claims 3 years
Fatal Accidents Act claims
Others 6 years
-
Postponement of limitation period in case of fraud, concealment or mistake Section 32 LA 1980
- Fraud: In claims based on fraud, the limitation period does not begin to run
until C discovers the fraud or could have with reasonable diligence have
discovered the fraud.
- Concealment: Time does not run where any fact relevant to the claim has
been deliberately concealed by D until the concealment is discovered or with
reasonable diligence could have been discovered. Section 32(1)(b) deprives
D of a limitation defence:
, - (a) Where D has taken active steps to conceal his breach of duty after
he has become aware of it; and
- (b) Where D is guilty of deliberate wrongdoing and conceals or fails to
disclose it in circs where the wrongdoing is unlikely to be discovered for
some time.
- Mistake: Similar principles.
Discretionary exclusion of time limit for actions in respect of personal injuries or Section 33 LA 1980
death
- Burden of proof is on the claimant.
- NB: Section 33’s discretionary power to disapply the limitation period only
applies to personal injury and fatal accident cases; not to contract cases!
, 6 – Commencing Proceedings
SYLLABUS AREA 6: COMMENCING PROCEEDINGS
1. The Part 7 procedure Where to start proceedings PD 7A paragraph 2; Articles
- Non-personal injuries: 4, 4A, 5 and 9 of the High
- The High Court threshold: Non-personal injuries damages claims in the Court and County Courts
High Court must state the C expects to recover more than £100,000 Jurisdiction Order 1991 (SI
(PD 7A paragraph 3.6). 1991/724), at paragraphs
- Personal injuries: 9B-935 to 9B-935.2 and
- In personal injuries claims, the statement of value must say whether the 9B-948 of Volume 2 of the
general damages expected for pain, suffering and loss of amenity are White Book) 2023.
below or above £1,000 (road traffic accidents involving claimants under
a disability, pedestrains, motorbikes etc within r 26.6A), or £1,500
(general personal injury claims) or £5,000 (other road traffic accidents).
These are thresholds used for allocation to the fast track.
- If a personal injury claim is issued in the High Court, the statement of
value must say that the claimant expects to recover £50,000 or more.
- NB: MAY be in the HC; there is no upper limit for the County Court (PD 29
paragraph 2.3).
How to start proceedings CPR r 7.2
- Proceedings are started when the court issues a claim form.
- Send claim form to the court office + Prescribed fee à Ask claim to be
issued.
- The court issues the claim by sealing the claim forms + entering details
of the claim in its records.
- Provided the fee is paid/remitted, the court staff are obliged to issue a
document that is sufficiently complete to amount to a ‘claim form’ even if
there are defects. Then, court will allocate a claim number to the case.
Then, the court sends a notice of issue to the claimant’s solicitors.
The right to use one claim form to start two or more claims CPR r 7.3
Start of proceedings PD 7A paragraph 6
Statement of truth PD 7A paragraph 10
2. Validity, extension and Service of a claim form CPR r 7.5
service of claim forms - NB: ‘Serve’ documents to the other side; ‘file’ documents to the court.
- Periods of validity of claim forms:
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