Civil Wrongs Non-PI
General
The general time limit for civil claims, apart from personal injuries arising from negligence and breach of duty, is six years from the date of the relevant event. The period runs from the date the wrong is committed.
In the case of some civil wrongs, the right to take action arises without proof of loss. For example, where a claim for personal injury is based on assault and battery or direct physical interference, it arises immediately. The time limit is six years.
Some civil wrong involve continuing loss so that a new claim accrues from moment to moment and a new right accrues every day.
Manifest Damage
Negligence requires proof of loss or damage, which, apart from physical injury, may include damage to property, damage to business reputation or financial/economic loss. Accrual of the claim occurs when loss or damage occurs because loss or damage to the claimant is an ingredient of the claim.
The date of knowledge is irrelevant, although in most cases, the loss or damage will be apparent. There is no discoverability rule outside of personal injuries.
The Supreme Court held in 2017 that it a case of Negligence cause non-personal injury damage, time runs from when the defect is manifest.
“…I accept that there is a definite distinction between a “defect” and the subsequent damage which it causes. Time runs from the manifestation of damage, rather than of the underlying defect. Thus it is not the latent defect which needs to be capable of discovery: it is subsequent damage caused by that latent defect…”.
The Supreme Court distinguished “manifest” from “discoverability test” and emphasised that a “discoverability test” did not apply.
“…it is not so easy to pin down precisely what is meant by “manifest”, and especially how one might differentiate it from the “discoverability test” as it appears in [case law]. From a reading of the case law, I understand “manifest” to mean the date on which damage is capable of being discovered by a plaintiff…”
Defamation
There are specaial rules in relaiton to defamation. A defamation action may not be brought after the expiration of one year or such longer period as the court may direct, not exceeding 2 years, from the date on which the cause of action accrued.
The court shall not give a direction extending time unless it is satisfied that the interests of justice require the giving of the direction and that the prejudice that the plaintiff would suffer if the direction were not given would significantly outweigh the prejudice that the defendant would suffer if the direction were given.
The court shall, in deciding whether to give such a direction, have regard to the reason for the failure to bring the action within the period specified and the extent to which any evidence relevant to the matter is, by virtue of the delay, no longer capable of being adduced.
For the purposes of bringing a defamation action, the date of accrual of the cause of action shall be the date upon which the defamatory statement is first published and, where the statement is published through the medium of the internet, the date on which it is first capable of being viewed or listened to through that medium.
In some cases, it may not be self-evident when the cause of action has accrued. In the case of some civil wrongs, the right to take action arises without proof of loss.
Goods Recovery
Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person, and before he recovers possession of the chattel, a further conversion or wrongful detention takes place, then, no action shall be brought in respect of the further conversion or wrongful detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or wrongful detention.
Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person, and the period fixed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention above has expired, and he has not during that period recovered possession of the chattel, then, the title of that person to the chattel shall be extinguished.
In most cases, a 12-year limitations period applies to claims relating to land (and land and buildings). This period may be based on general bases, including acknowledgement, disability, etc.
The period runs from the taking of the goods, where the person is lawfully in possession of the goods. Time will run from the refusal to deliver back when lawfully required to do so. The time limit may be extended where the claim is based on fraudulent concealment.
Defective Products
There are special rules applicable to defective products. An action may be taken within three years of the date on which the claimant became aware or should reasonably have become aware of the damage, the defect and the identity of the producer.
However, the right of action is extinguished 10 years after the date on which the product which caused the damage was put into circulation. If proceedings are not taken before then. This applies whether or not the right accrued or the time began to run during that period.
Contribution
An action may be brought for contribution within the same period as the injured person is allowed by law for bringing an action against the contributor or within the period of two years after the liability of the claimant is ascertained or the injured person\’s damages are paid, whichever is the greater.