Resolving a Dispute Through a Civil Claim Practice Flashcards

A set of vocabulary-style flashcards covering the legal principles of limitation, parties, case analysis, and pre-action protocols for SQE1 civil dispute resolution.

Limitation Act (LA) 1980

The statute that prescribes strict time limits within which a claimant must comply to bring a legal claim before it becomes barred.

Statute-barred

A term describing a claim that has not been brought within the time limits of the Limitation Act 1980, allowing the defendant to rely on the expiry of time as a complete defence.

Corresponding date rule

The method for calculating limitation periods where time expires on the sixth anniversary of the date the cause of action accrued, usually excluding the day of accrual.

Claim 'brought' (for limitation)

Under PD 7A, para 6.1, a claim is considered brought when the claimant’s claim form is received at the court office.

Limitation period for simple contract

Pursuant to Section 5 of the LA 1980, the period is $6$ years from the date on which the breach of contract occurred.

Limitation period for tort (General)

Pursuant to Section 2 of the LA 1980, the period is $6$ years from the date the damage or loss occurs as a result of a breach of duty.

Limitation period for personal injury

The period is $3$ years from either the date of the cause of action or the date of knowledge of the person injured, whichever is later.

Date of knowledge (Section 14A(8))

The date a claimant first knew the injury was 'significant', attributable to a wrongful act or omission, and the identity of the defendant.

Section 14A Limitation Act 1980

Governs latent damage in negligence, allowing for a period of $6$ years from the cause of action or $3$ years from the date of knowledge, subject to a $15$-year long-stop date.

Litigation friend

A person required to act on behalf of children or protected parties to conduct proceedings, as they are considered unable to make legal decisions in their own right.

Protected party

An individual who does not have mental capacity under the Mental Capacity Act 2005 to make decisions for themselves.

LLP (Limited Liability Partnership)

A legal entity where the debt of the business is not the responsibility of the partners, ensuring creditors cannot pursue the personal assets of the members.

Specified claim

A claim for a fixed amount of money where all figures are crystallised and certain when the cause of action arises, such as a debt owed under express contractual terms.

Unspecified claim

A claim where the court must conduct an investigation or trial to determine the reasonable amount of money payable, such as damages for loss of profits.

Remoteness (Contract)

The legal principle that an aggrieved party can only recover losses which were in the parties’ reasonable contemplation at the time the contract was formed.

Mitigation

The requirement for a claimant to take reasonable steps to minimise the amount of loss suffered; the burden of proof for failure is on the defendant.

Practice Direction on Pre-Action Conduct and Protocols (PDPAC)

General guidance and a 'safety net' for civil claims where no specific pre-action protocol exists, such as breach of contract claims.

Letter of claim

A document containing concise details of the claim, a summary of facts, what the claimant wants, and key documents, sent to the defendant before proceedings.

Pre-Action Protocol for Debt Claims (PPDC)

Applies to any business (including sole traders) bringing a claim against a debtor who is an individual or sole trader, providing a $30$-day response window.

Practice Direction for the Use of the Welsh Language

Ensures Welsh and English are treated equally in civil proceedings in Wales, allowing for hearings and documents to be in the Welsh language.

Habitual residence (Company)

For the purpose of governing law when no clause exists, it is the place where central management and administration are carried out.

Governing law (Tort)

Generally the law of the country in which the damage or harmful physical impact occurs, as opposed to where consequential losses are suffered.