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discovery of claim, time periods

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discovery of claim, time periods

Postby preacherman » Sat Jan 14, 2017 4:17 pm

is there case law in regard to when the court considers when a person discovers they have a claim. Is it a case of 'hard luck we expected you to discover it because of xyz' or is it down to each case, are there guide lines/case law.

' 6 years or 3 years from discovering a claim'

So what are the rules regarding 3 years from when a person discovers they have a claim?.This seems to extend 5 years and 11 months and 30 days (6 years) to 8 years, if you see what I mean.
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Re: discovery of claim, time periods

Postby atticus » Sat Jan 14, 2017 6:42 pm

ss 14A and 14B Limitation Act 1980

type those sections into the search box in a source of case law such as BAILII or the swarb.co.uk cases site.
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Re: discovery of claim, time periods

Postby dls » Sun Jan 15, 2017 10:41 am

It is hugely litigated.
There are guidelines. They are subtle.
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Re: discovery of claim, time periods

Postby preacherman » Sun Jan 15, 2017 5:47 pm

thanks I am sure I have asked a lot of this before. Is there a 'leading case' regards to when something is discovered, like a reasonable person would have discovered it at x point, or something like that? being silly but. ' a man chopped my toe off in 2011, I discover it in 2015', is it a common sense thing or some leading case law. 'was you asleep at the time, have you not looked at your toe for four years?'
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Re: discovery of claim, time periods

Postby atticus » Sun Jan 15, 2017 7:12 pm

That question depends on the facts of the individual case.
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Re: discovery of claim, time periods

Postby dls » Sun Jan 15, 2017 10:41 pm

It is intensely fact specific.

There are several issues. For example an ignorance of the law makes little difference but some element of hiding can make all the difference
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Re: discovery of claim, time periods

Postby preacherman » Mon Jan 16, 2017 7:46 am

dls wrote:It is intensely fact specific.

There are several issues. For example an ignorance of the law makes little difference but some element of hiding can make all the difference



do you mean the possible defendant to a claim hiding something?
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Re: discovery of claim, time periods

Postby atticus » Mon Jan 16, 2017 8:14 am

see s32 Limitation Act 1980.
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