Civil Litigation: Limitation Periods Q&A, Exams of Law

A concise overview of limitation periods in civil litigation, focusing on when the time begins to run for various causes of action. It covers contract breaches, claims involving children or individuals lacking mental capacity, fraud, tort cases, contribution claims, personal injury claims, and fatal accident claims. The document also addresses actions to enforce judgments, latent damage, and the application of section 33 in personal injury and fatal accident cases. It serves as a quick reference for understanding the statutory time limits and exceptions in civil litigation.

Typology: Exams

2024/2025

Available from 06/12/2025

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BPTC Civil Litigation Limitation Test with 100%
Verified solutions| Rated A+
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 disability ceases, then time
starts to run when they are no longer under the disability.
When does the limitation period begin for cases of fraud, mistake or deliberate concealment? - ✔✔Sc
32- time runs from the date of discovery or when it could have been discovered
How long is the limitation period in tort cases? - ✔✔Sc 2- 6 years
What is the limitation period in contribution claims? - ✔✔Sc 10- 2 years from the relevant date which is
the date judgment was given, or the date a person agreed to the amount they would make in
contribution
What is the limitation period in Contract claims? - ✔✔Sc 5- 6 years from the breach of contract
What is the limitation period in personal injury claims? - ✔✔Sc 11- 3 years
What is the limitation period for fatal accident claims? - ✔✔Sc 12- 3 years from date of death
When does the limitation period begin in personal injury claims? - ✔✔Sc 14- time runs from the date he
cause of action accrued or from the date the Claimant had knowledge. Knowledge includes:
When the Claimant discovers the injury is significant
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BPTC Civil Litigation Limitation Test with 100%

Verified solutions| Rated A+

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 disability ceases, then time starts to run when they are no longer under the disability. When does the limitation period begin for cases of fraud, mistake or deliberate concealment? - ✔✔Sc 32 - time runs from the date of discovery or when it could have been discovered How long is the limitation period in tort cases? - ✔✔Sc 2- 6 years What is the limitation period in contribution claims? - ✔✔Sc 10- 2 years from the relevant date which is the date judgment was given, or the date a person agreed to the amount they would make in contribution What is the limitation period in Contract claims? - ✔✔Sc 5- 6 years from the breach of contract What is the limitation period in personal injury claims? - ✔✔Sc 11- 3 years What is the limitation period for fatal accident claims? - ✔✔Sc 12- 3 years from date of death When does the limitation period begin in personal injury claims? - ✔✔Sc 14- time runs from the date he cause of action accrued or from the date the Claimant had knowledge. Knowledge includes: When the Claimant discovers the injury is significant

When the claimant discovers attribution to the act When the Claimant discovers the identity of the defendant When the Claimant discovers the identity of any vicarious liability What is the time limit for actions to enforce judgments? - ✔✔Sc 24- 6 years from the date on which the judgment becomes enforceable When does the limit start for torts actionable without proof of damage (e.g. libel) - ✔✔ what is latent damage - ✔✔hidden damage What is the test for s33? - ✔✔If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which the provisions of S11 or 12 prejudice the C and the degree to which any decision would prejudice D. When can S33 not disapply a provision of S11 - ✔✔In relation to overseas armed forces Which type of cases does S33 apply to? - ✔✔PI and Fatal Accident only Where does the burden lie in proving that the court should exercise discretion under s33? - ✔✔Claimant What is limitation period of latent damage? - ✔✔Either:

  • 6 years from date cause of action accrued OR
  • 3 years from when C had knowledge required to bring an action What type of cases does the latent damage provision apply to? - ✔✔Negligence actions in tort NOT involving PI