Bptc civil litigation - Study guides, Class notes & Summaries

Define Limitation Period - The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday When does the limitation period begin when the Claimant lacks mental capacity...

What is the general rule regarding Beneficiaries of Trustees in a claim? - Beneficiaries do not need to be added as a party when a claim is brought against them. Any judgment or order is binding on the beneficiary unless the court orders otherwise. What happens when a person who had an interest in a claim dies and they have no personal representative? - The court can order the claim proceeds in the absence of a representative, or a person is appointed to represent the estate of the deceased...

BPTC Civil Litigation General Matters questions with correct answers

How does acknowledgement or service apply in relation to Part 8 claims? - Answer The same as standard procedure, subject to the modifications set out in rule 8.3. When is an acknowledgement of service used? - Answer When a defendant is unable to file a defence within the specified time, or he wishes to dispute the court's jurisdiction. What happens if the defendant fails to file an AoS, defence or an admission within the specified time? - Answer The claimant may obtain default judge...

Define Limitation Period - The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday When does the limitation period begin when the Claimant lacks mental capacity...

If the contract was breached at on 20th August when does the time begin to run? - 21st August When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday When does the limitation period begin when the Claimant lacks mental capacity? - Time does not start to run against them at the time of the cause of action. If the Claimant's disabili...

Define Limitation Period - The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday

BPTC Civil Litigation Statement of Case questions with correct answers

Define Limitation Period - Answer The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. How long is the limitation period in non-personal injury tort cases? - Answer 6 years What is the limitation period in Contract claims? - Answer 6 years from the breach of contract What is the limitation period in personal injury claims? - Answer 3 years from the date of acc...