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 744Various exceptions (s9 and 10)– main ones are PI (s11) and Latent Damage

(s14A)

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

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

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

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

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