Paula Jefferson and Colin Moore uncover some of the limitations of the Limitation Act 1980
It has long been appreciated that a claimant should not have an indefinite period in which to bring a civil claim. Memories will fade and evidence will be lost until it becomes inequitable, if not impossible, for a fair trial to proceed. It is also undesirable for potential defendants, and their insurers to remain in limbo, anticipating claims. These factors were among the precursors to the legislative framework, enacted in the Limitation Act 1980 (LA 1980), which prescribes the time limits for claimants to issue proceedings in civil claims.
Negligence, nuisance and breach of statutory duty
For personal injury claims arising from negligence, nuisance or breach of statutory duty, s 11 of LA 1980 sets a three-year time limit from the claimant’s ‘date of knowledge’ in which to issue proceedings. Date of knowledge is defined as the date on which the claimant first knew:
- that the injury was significant;
- that the injury was caused by an alleged breach of duty; and
- the defendant’s identity.
Determining
