Table of limitation periods

Similar documents
Washoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]

The Limitation of Actions Act

Number 41 of 1961 CIVIL LIABILITY ACT 1961 REVISED. Updated to 13 April 2017

NC General Statutes - Chapter 1 Article 5 1

NC General Statutes - Chapter 1 Article 5 1

South Australian Limitation Schedule

LIMITATION OF ACTIONS ACT

LEGAL RESEARCH, ANALYSIS, AND ADVOCACY FOR ATTORNEYS

THE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION

LEGAL RESEARCH, ANALYSIS, AND ADVOCACY FOR ATTORNEYS

Contract and Tort Law for Engineers

BELIZE LIMITATION ACT CHAPTER 170 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

STATEMENTS OF CASE. This Practice Direction supplements CPR Part 16

REPEALED LIMITATION ACT CHAPTER 266

Law of Tort (Paper 22, Unit 22) Syllabus - for the June and October 2009 Examinations

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.

CED: An Overview of the Law

6.1 Part not to apply in certain cases (16.1, PD 16) (1) Subject to paragraph (2), this Part, except (a) rules 6.2, 6.3, 6.4, 6.9 and 6.

SOUTH CAROLINA STATUTES OF LIMITATIONS

Part 1 Interpretation

THE LAW OF LIMITATION ACT, 1971 PART I. Title PART II

TORTS SPECIFIC TORTS NEGLIGENCE

Chapter 6. Disparagement of Property 8/3/2017. Business Torts and Online Crimes and Torts. Slander of Title Slander of Quality (Trade Libel) Defenses

How to use this book Acknowledgements

OFFENCE AND LAW ENFORCEMENT ACT

All India Bar Examination Model Question Paper 1: Answers and Explanations

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

Examining the current law relating to limitation and causes of action (tortious and contractual) within a construction context

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 CHAPTER 57 SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF PREMISES

Title 14: COURT PROCEDURE -- CIVIL

Chapter XIX EQUITY CONDENSED OUTLINE

Real Property Limitations Act

CITY OF KELOWNA BYLAW NO REVISED: December 4, 2017 CONSOLIDATED FOR CONVENIENCE TO INCLUDE BYLAWS NO. 9082, 9123, 9315, 10821, & BL11510

Investments, Life Insurance & Superannuation Terms of Reference

Section 8 Possession Proceedings

LIMITATION ACT, 1963 PART I PRELIMINARY. (2) It extends to the whole of India except the State of Jammu and Kashmir.

Understanding the RM Process

COMANCHE NATION TRIBAL COURT DISTRICT COURT

Small Claims 101: or Defend It

Legal Liability in Adventure Tourism

DEFENDANT S COUNTERCLAIM. Cause No COUNTY OF BASTROP ET AL IN THE 21 ST Plaintiff and counter-defendant,

Statutes of Limitations: West Virginia

Torts Ordinance [New Version]

CHAPTER 60:02 TITLE TO LAND (PRESCRIPTION AND LIMITATION) ACT ARRANGEMENT OF SECTIONS

SOCE311. Session 3. Legal Aspects. Department of Social Sciences.

Commentary on Bill 28: Limitation of Actions Act. Office of the Attorney General

Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT. Published by Authority NO. 23] FRIDAY, NOVEMBER 4 [2016 EMPLOYMENT CLAIMS ACT 2016

TEXTUAL & REFERENCE BOOKS

Renting Homes (Wales) Bill

The Contractor s building defects liability in England and Wales

SCOTTISH POLICE FEDERATION. Established by Act of Parliament. Legal Advice & Assistance Guidance

RSR LIMITED TERMS AND CONDITIONS OF SUPPLY (GOODS AND SERVICES)

COMMUNITY GROUP LICENCE TO OCCUPY

Intentional Torts. What Is a Tort? Tort Recovery

SCHEDULE OF LIMITATION PERIODS in Civil Matters in New South Wales. Edition No. 22. lawcover.com.au. Current as at June 2015

MARK SCHEME for the May/June 2011 question paper for the guidance of teachers 9084 LAW. 9084/43 Paper 4, maximum raw mark 75

SCHEDULE OF LIMITATION PERIODS in Civil Matters in New South Wales

WILLIAM E. CORUM. Kansas City, MO office:

NOTICE OF MOTION. PLEASE TAKE NOTICE that at a.m./p.m. on, Defendant(s) will bring the following Motion on for hearing before the Honorable MOTION

LAW Rule of conduct enforced by controlling authority; provides order, stability, and justice.

TITLE 6 SOVEREIGN IMMUNITY

Robert I, Duke of Normandy. 22 June July 1035

Title 10: COMMERCE AND TRADE

FILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016

UNIT 8: HANDLING OF CLAIMS

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.

CHAPTER 8. Limitation of Action

Hong Kong Civil Procedure Notes

DISTRICT OF COLUMBIA OFFICIAL CODE

TITLE 6 SOVEREIGN IMMUNITY

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT

PLEASE READ CAREFULLY BEFORE AGREEING TO THE TERMS AND CONDITIONS

ARIZONA REVISED STATUTES TITLE 33. PROPERTY CHAPTER 3. LANDLORD AND TENANT

COMPARATIVE CONTRACT LAW ENGLAND, FRANCE, GERMANY

YUROK TRIBE UNLAWFUL DETAINER ORDINANCE

SUBTITLE 12. MARYLAND UNIFORM TRADE SECRETS ACT

CIVIL PROCEEDINGS: BURDEN AND STANDARD OF PROOF

IN THE HIGH COURT OF JUSTICE BETWEEN. PRIME EQUIPMENT RENTALS LIMITED Claimant AND AND THE NEW INDIA ASSURANCE COMPANY (TRINIDAD & TOBAGO) LIMITED

AVK UK LIMITED CONDITIONS OF SALE OF GOODS FROM WEBSITE

WINFIELD TORT EIGHTH EDITION J. A. JOLOWICZ, M.A.

Intentional Torts. What Is a Tort? Tort Recovery

Civil Liability Amendment (Personal Responsibility) Act 2002 No 92

Employment Bill [HL]

SMALL CLAIMS COURT ACT

RECENT DEVELOPMENTS CONCERNING THE LIABILITY OF BUILDING PROFESSIONALS IN NSW

SUPREME COURT OF JUDICATURE ACT

THE PHI KAPPA TAU FRATERNITY CLAIM AND DISPUTE RESOLUTION PLAN AND RULES

STATE PROCEEDINGS ACT

SCHEDULE OF LIMITATION PERIODS in Civil Matters in New South Wales

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records

AN IN-DEPTH LOOK AT TEXAS' NEW TORT REFORM LAW PRESENTED BY: McDONALD SANDERS. A Professional Corporation ATTORNEYS AT LAW

Number 13 of 2002 RESIDENTIAL INSTITUTIONS REDRESS ACT, 2002 ARRANGEMENT OF SECTIONS

CIVIL, SMALL CLAIMS AND EVICTION ACTIONS BROUGHT TO YOU BY: LISA COLLINS, COURT MANAGER, AGUA FRIA JUSTICE COURT, MARICOPA COUNTY

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

FRAUDULENT MISREPRESENTATION

SGX: means Singapore Exchange Limited; SGX RegCo: means Singapore Exchange Regulation Pte. Ltd.;

CSRMA California Sanitation Risk Management Authority

Trial Outline Page Chavez-Porter v. Sutton

Transcription:

Table of limitation periods Limitation periods impose time limits within which a party may bring a claim or give notice of a claim to the other party. It is important that clients are appraised of all relevant limitation dates. Below is a table setting out various time limits with the type of claim (e.g. Simple contract claim, 6 years). Type of Claim Time Limit Source CONTRACT Simple contract (i.e. all contracts which are not made under seal) Action upon a speciality (e.g. a contract under seal, bond, deed or covenant) Contractual claims based on fraud or concealment by the defendant, or based on a mistake 12 years from the date the cause of action The period of limitation will not begin to run until the claimant has discovered the fraud, concealment or mistake or from the time at which the claimant could have discovered it with reasonable diligence s 5 of the LA 1980 s 8 of the LA 1980 s 32 of the LA 1980 LAND land 12 years from the date the cause of action s15 of the LA 1980 rent 6 years from the date the arrears became due s19 of the LA 1980 proceeds of sale of land 12 years from the date the right to receive the money s20 of the LA 1980 money secured by a mortgage or charge 12 years from the date the right to receive the money s20 of the LA 1980 arrears of interest due (in respect of any sum of money secured by a mortgage or charge) 6 years from the date interest became due s20 of the LA 1980 Page 1 E clinics@lawworks.org.uk W lawworks.org.uk LawWorks Last update Feb 2016

TORT All torts (other than personal injury, actions under the Consumer Protection Act 1987, latent damage and defamation) s2 of the LA 1980 PERSONAL INJURY Claim for damages for death arising in negligence, nuisance or breach of duty (including actions under the Fatal Accidents Act 1976) Claim for damages for personal injury arising in negligence, nuisance or breach of duty (including actions in respect of trespass to the person) 3 years from whichever is later of (a) the date of death or (b) the date of knowledge of the personal representative/the person whose benefit the action is brought However, no action may be brought if the deceased person was themselves unable to bring an action for their injury 3 years from whichever is the later of (a) the date the cause of action or (b) the date when a claimant first had knowledge of the injury s11 and s12 of the LA 1980 s33 of the LA 1980 s12(1) of the LA 1980 s11 of the LA 1980 s33 of the LA 1980 ACTIONS UNDER THE CONSUMER PROTECTION ACT 1987 Action in respect of a defective product in which the damages claimed by the plaintiff consist of or include damages in respect of death 3 years from whichever is the later of (a) the date of death or (b) the date of the personal representative s knowledge 10 years from the relevant time (i.e. the time when the product was supplied) s11a(3) and (5) of the LA 1980 s2(2) of the Consumer Protection Act 1987 Page 2 E clinics@lawworks.org.uk W lawworks.org.uk LawWorks Last update Feb 2016

Action in respect of defective products in which the damages claimed by the plaintiff consist of or include damages in respect of personal injuries to the plaintiff or any other person or loss of or damage to any property 3 years from whichever is the later of (a) the date on which the cause of action or (b) the date when a claimant first had knowledge of the injury 10 years from the relevant time (i.e. the time when the product was supplied) s11a(3) and (4) of the LA 1980 s2(2) of the Consumer Protection Act 1987 LATENT INJURY Claim for latent injury caused by negligence (excluding personal injury) The later of: (a) 6 years from the date on which the cause of action ; or (b) 3 years from the date when the claimant first had both the knowledge required for bringing an action for damages and a right to bring such an action 15 years from the date on which the negligent act or omission occurred s14a(4) of the LA 1980 s14b of the LA 1980 A latent injury is one where the claimant only acquires knowledge of his right to claim at a time after the cause of action. DEFAMATION AND MALICIOUS FALSEHOOD Action for libel, slander or malicious falsehood 1 year from the date on which the cause of action s4a of the LA 1980 s32a of the LA 1980 MISCELLANEOUS STATUTORY CLAIMS Claim for contribution under the Civil Liability (Contribution) Act 1978 2 years from the date on which the right to recover contribution in respect of any damage. This is the date when the person s10(1) of the LA 1980 Page 3 E clinics@lawworks.org.uk W lawworks.org.uk LawWorks Last update Feb 2016

Claim under the Defective Premises Act 1972 seeking the contribution was made liable under a judgment or agreement in respect of the damage. 6 years from the date of the completion of the building If after completion a person who has done work for or in connection with the provision of the dwelling does further work to rectify the work they have already done, any such cause of action in respect of that further work is deemed to have at the time when the further work was finished. s9 of the LA 1980; s1(5) of the Defective Premises Act 1972 ADMINISTRATIVE LAW & HUMAN RIGHTS Judicial review Application to quash or prohibit any order, scheme, certificate or plan of; amendment or approval of a plan of; decision of; action on the part of, a Minister or government department Claim against a public authority under the Human Rights Act 1998 The claim form must be filed (a) promptly; and (b) in any event not later than 3 months after the ground to make the claim first arose This time limit may be shortened by any other statutory enactment. The claim form must be served within the time limited by the relevant enactment for making the application 1 year beginning with the date on which the act complained of took place The court or tribunal has discretion to extend this period if it is equitable to do so having regard to all the circumstances CPR 54.5(1) CPR 54.5(3) CPR Practice Direction 8A, 22.3 s7(5)(a) of the Human Rights Act 1998 s7(5)(b) of the Human Rights Act 1998 EMPLOYMENT Wrongful dismissal claim by employee in 3 months starting with the effective date of termination or if no termination, the last day on s 111(2) Employment Rights Act 1996 Page 4 E clinics@lawworks.org.uk W lawworks.org.uk LawWorks Last update Feb 2016

the employment tribunal Wrongful dismissal claim by employee in the County Court or High Court Unfair dismissal claims (except for taking part in official industrial action) Unfair dismissal claim for taking part in official industrial action Discrimination and equal pay claims which the employee worked. The employment tribunal may extend time where it was not reasonably practicable to present the claim in time 3 months beginning with the effective date of termination. The employment tribunal may extend time where it was not reasonably practicable to present the claim in time 6 months from the complainant s effective date of dismissal 3 months starting with the date of the act to which the complaint relates or such other period as the employment tribunal thinks is just and equitable s5 of the LA 1980 s111(2) of the Employment Rights Act 1996, Trade Union and Labour Relations (Consolidation) Act 1992 and Transfer of Undertakings (Protections of Employment Regulations (2006) s239(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 s123(1) of the Equality Act 2010 Abbreviations: Limitation Act 1980 (LA); Civil Procedure Rules (CPR) Page 5 E clinics@lawworks.org.uk W lawworks.org.uk LawWorks Last update Feb 2016