Limitation and Amendment Qs

Question 1

Where are the exceptions to the limitation period?

Answer 1

Section 33 Limitation Act 1980

⚖️ 1. Fraud, Concealment, or Mistake – s.32 Limitation Act 1980

If the defendant deliberately conceals relevant facts, commits fraud, or the claim is based on a mistake, the limitation period is postponed until the claimant has (or could reasonably have) discovered the truth.

Examples:

If a solicitor hides evidence of negligence → time starts when the client discovers the concealment.

If money was paid under a mistake of fact → time starts when the mistake is discovered.

🕒 Key rule:

Time doesn’t start running until the claimant knew or could reasonably have known the fraud, concealment, or mistake.

👶 2. Disability (Infancy or Mental Incapacity) – s.28 Limitation Act 1980

If the claimant is:

Under 18, or

Lacking mental capacity (as per the Mental Capacity Act 2005),

the limitation period is suspended while that disability continues.

🕒 Key rule:

The clock starts when the claimant turns 18 or regains capacity.

Example:
If a child suffers injury at age 10 → limitation period for personal injury (3 years) begins at 18, so they have until 21 to claim.

🧾 3. Acknowledgment or Part Payment – s.29 & s.30

For debt or breach of contract claims:

If the debtor acknowledges the debt in writing or makes part payment,
the limitation period restarts from that date.

Example:
If someone owes £5,000 and sends a written apology or pays £100 after 5 years → new 6-year period starts from that payment or acknowledgment date.

💀 4. Death – s.33(3) & s.38(4)

When either party dies before limitation expires, special rules apply:

The limitation period may restart from the date of death or when a personal representative is appointed.

If a person dies due to a tort (e.g., negligence), their estate or dependants may have 3 years from the date of death or date of knowledge (whichever is later).

⏳ 5. Discretionary Extension in Personal Injury or Fatal Accident Claims – s.33

For personal injury or fatal accident claims, courts have a discretion to disapply the limitation period if it’s “equitable” to do so — i.e. fair to the claimant.

The court considers:

Length and reasons for the delay

Whether evidence is still available

Defendant’s conduct

Whether the claimant acted promptly once they knew they could claim

Example:
A survivor of childhood abuse may bring a claim decades later if the court deems it fair.

🏠 6. Latent Damage (Non-Personal Injury) – s.14A & s.14B

Where damage isn’t immediately apparent (e.g. building defects, professional negligence), claimants get:

3 years from when they discovered (or could reasonably have discovered) the material damage,

Long stop: no claim after 15 years from the negligent act or omission.

Example:
A surveyor’s negligent report causes structural issues discovered 10 years later → claimant gets 3 years from discovery (but only if still within 15 years of the act).

🧱 7. Recovery of Land – s.15–17

For actions to recover land, adverse possession, or rent arrears:

Limitation = 12 years, but
certain factors (e.g. fraud, disability) can pause or extend this period.

⚰️ 8. Trust Property – s.21

No limitation period applies where:

The claim is by a beneficiary against a trustee for fraudulent breach of trust, or;

The trustee has converted trust property to their own use.

Otherwise, normal limitation (6 years) applies.

Question 2

What is Section 14 of the Limitation Act 1980?

Answer 2

Date of Knowledge - f the claimant only had knowledge (whether actual or constructive) of a claim within the last 3 years, but outside the 6 year standard limitation period, then it will still be able to bring its claim.

Question 3

Do you have to satisfy all of s14 to have Knowledge, or only some points?

Answer 3

The Act says ‘and’ meaning all of them, not just one.

Question 4

How can you still act for someone if the limitation period has ran out? – do you need to get the courts permission?

Answer 4

No, barrister just hopes Defendant doesn’t notice that limitation has expired. Make claimant aware that limitation has passed and needs to make an application under section 33 Limitation Act to the court.

Question 5

What is section 33 Limitation Act?

Answer 5

Discretionary exclusion of time limit for actions in respect of personal injuries or death.

Question 6

Limitation period for -
Tort (other than claims for personal injury/fatal accident and defamation)

Answer 6

6 years to bring a claim

Question 7

Limitation period for - Personal injury claims

Answer 7

3 years from date of:
(i) accident/injury or;
(ii) date of knowledge.

Question 8

Limitation period for - Fatal Accidents Act 1976 claims brought on behalf of dependents

Answer 8

3 yrs from date of: (i) death or;
(ii) dependant’s knowledge.

Question 9

What is a claim brought of behalf of dependents?

Answer 9

Dependency claims are made by immediate or close relatives of the deceased who have been deprived of their support and services. It is a compensation claim, not for the deceased but for their family after death.

Question 10

Limitation period for - Contract

Answer 10

6 years

Question 11

Limitation period for - Contribution

Answer 11

2 years