When is the deadline for latent damage: negligence actions not involving personal injuries?
The catalogue records a 36 months period from Limb (a): the date on which the cause of action accrued. Limb (b): the date of knowledge as defined by s.31(1) and (5) (constructive knowledge per s.31(7)). Output the later of the two resulting dates, subject to the s.32 15-year longstop.. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
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Example pending review
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Calculation basis and source
- Period
- 36 months
- Trigger
- Limb (a): the date on which the cause of action accrued. Limb (b): the date of knowledge as defined by s.31(1) and (5) (constructive knowledge per s.31(7)). Output the later of the two resulting dates, subject to the s.32 15-year longstop.
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Added by 31 of 1991 s. 13, modelled on s. 14A of the Limitation Act 1980 (UK). Applies to negligence only, not to contract or other torts, and not where s. 27 (personal injuries) applies. periodMonths records the 3-year knowledge limb; the alternative 6-year accrual limb must also be computed and the later date taken. Always subject to the 15-year long stop in s. 32. Corrected