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Civil Procedure

Civil Procedure. Initiating a Civil Claim. Limitation. Basic period = 6 years “from the date the cause of action accrued” (ss2 & 5 LA 1980) Marren v Dawson Bentley & Co [1961] 2 QB 135 Thompson v Brown [1981] 1 WLR 744

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Civil Procedure

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  1. Civil Procedure Initiating a Civil Claim

  2. Limitation • Basic period = 6 years “from the date the cause of action accrued” (ss2 & 5 LA 1980) Marren v Dawson Bentley & Co [1961] 2 QB 135 Thompson v Brown [1981] 1 WLR 744 Various exceptions (s9 and 10)– main ones are PI (s11)and Latent Damage (s14A)

  3. Personal Injury • s11 LA 1980 covers PI caused by “negligence, nuisance or breach of duty” • Trespass to the person and Animals Act not covered (Stubbings v Webb [1993] AC 498, Clarke v Barber [2002] 5 CL 70 ) • 3 years from the date the cause of action accrues or the “date of knowledge” • s11A -10 years for Consumer Protection Act claims

  4. Date of knowledge defined(s14(1) as date when the Claimant knew • that the injury was significant • that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty • Of the identity of the Defendant or his/her servant or agent • See Nash v Eli Lilly & Co [1993] 1 WLR 782 and McCafferty v Receiver for the Metropolitan Police District [1977] 1 WLR 1073 • S32(1) – fraud, concealment (Cave v Robinson Jarvis and Rolf [2003] 1 AC 384) and mistake

  5. Exclusion of time limits in PI Claims (s33 LA) • Does the limitation period prejudice the Claimant/Defendant? • Balancing exercise – reason for delay? Effects of delay? • Walkley v Precision Forgings Ltd [1979] 1 WLR 606 – overruled by Horton v Sadler [2006] 2 WLR 1346

  6. Latent Damage Cases s14A • negligence not involving personal injury • either 6 years after the cause of action accrues • or 3 years after the earliest date that the claimant had the knowledge required for bringing an action and a right to bring the action. • s14 case law useful • 15yr “longstop” • Important points regarding how to plead case (Societe Commerciale de Reassurance v ERAS (International) Ltd [1992] 2 All ER 82, Henderson v Merrett Syndicates Ltd [1994] 3 WLR 761

  7. Suspension of Limitation Period (s28) • If claimant is “under a disability” the period starts from when they “cease to be under” that disability • Persons lacking capacity (s2 Mental Capacity Act 2005 /children • Can still bring by litigation friend (and would be advised to) – settlements subject to court’s approval under Part 8

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