Civil Litigation SGS 2 Starting a claim

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billsykes
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203779
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Civil Litigation SGS 2 Starting a claim
Updated:
2013-02-27 10:35:50
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Civil Litigation
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Starting a claim
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  1. Which ONE of the following statements shows the WRONG limitation period for that specific category of case:

    [A]  Personal injury claims– 3 years.

    [B]  Simple Contract – 6 years.

    [C]  Contribution under Civil Liability (Contribution) Act 1978 – 3 years.

    [D]  Recovery of land – 12 years.
    [C]  Contribution under Civil Liability (Contribution) Act 1978 – 3 years.

    [[C]is WRONG, and is therefore the CORRECT answer. The correctlimitation period is 2 years. See Section 10 Limitation Act 1980]
  2. You act for Pickup Bus Company Limited, who is being sued by Janelle James, who was born on 20th December 1994, in respect of a road accident. The bus ran into Janelle when she was 10 years of age, breaking both her legs and causing major head injuries. She was in a coma for over 2 months. On coming out of the coma, it was clear that she had suffered irreversible brain damage. She has been under specialist care ever since. The claim form was issued on the 25th April 2012. What ONE of the following statements is the CORRECT position under the Limitation Act 1980 for a child in this situation:

    [A]  Her claim is time barred because the accident was more than three
    years ago.

    [B]  Her claim is not time barred because time had not yet begun to run.

    [C] Her claim is time barred because proceedings have been issued before
    her 18th birthday.

    [D] Her claim is time barred because the accident was more than three years ago; however, she could apply for, and would probably get, a discretionary extension under Section 33 Limitation Act 1980.
    [B]  Her claim is not time barred because time had not yet begun to run.

    [[B]is CORRECT. Janelle is not 18 years of age until 20th December 2012. Therefore, as a child, time had not yet begun to run. This is an extension of limitation period in case of disability as Janelle is still a child. See Section 28 (1) and (6) Limitation Act 1980 and Section 38(2) Limitation Act 1980.]
  3. Instructing solicitors have a client, an actress, who wishes to bring a claim against the Gladbury News for an article written about her which contained many inaccuracies and damaged her reputation. Which ONE of the following statements is CORRECT:

    [A] The claim may only be started in the High Court if the issues are sufficiently complex.

    [B] The claim must be started in the County Court if the value of the claim is less than £30,000.

    [C] The claim must be started in the High Court unless the parties agree otherwise in writing.

    [D] The claim may be started in either the High Court or the County Court if the value of the claim is under £25,000.
    [C] The claim must be started in the High Court unless the parties agree otherwise in writing.

    [[C] is CORRECT. See paragraph 2.9(1) of Practice Direction 7A]
  4. Which ONE of the following statements is WRONG:

    [A]  A personal injury claim must not be started in the High Court unless the value of the claim is £50,000 or more.

    [B]  Contract claims for damages may not be started in the High Court unless the value of the claim is more than £25,000.

    [C]  Judicial review proceedings can only be commenced in the High Court.

    [D]  Equity proceedings can be brought in the County Court only if the amount in issue does not exceed £25,000.
    [D]  Equity proceedings can be brought in the County Court only if the amount in issue does not exceed £25,000.

    • [[D] is WRONG, and is therefore the CORRECT answer. The County Court  jurisdiction for equity proceedings is £30,000. See section 23 County  Court Act 1984 (and note, for information, section 24 County Courts Act
    • 1984)].

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