Is Time Up to Bring My Claim?
In our increasingly litigious society, while you may have the legal right to ‘sue’ (bring your claim before the High Court or Petty Civil Court), you must be aware that there is a time limit, called a limitation period, within which you can ‘sue’. In keeping with the public interest, these time limits safeguard defendants from having to challenge stale claims, which can result in injustice as evidence could be lost over time.
According to The Limitation of Certain Actions Act Chapter 7:09 (hereinafter “the LCAA”), the limitation period for the following types of claims is 4 years:
- Tort (a wrongful act) and contract
- Damages, including damages for personal injuries resulting from negligence, nuisance or breach of duty
- Claims under the Compensation for Injuries Act (hereinafter “the CIA”)
When does time start to run?
Generally, in contract, tort, and personal injury claims, time starts to run from the date on which the cause of action (‘legal basis for a claim’) arose. In tort, the cause of action usually arises on the date the damage occurred, for instance, when an arm is broken due to the negligence of another. In contract, it normally arises from the date of the breach, for example, the agreed deadline for payment for delivered goods or the date that works under a service contract were/ were to be completed, as was the case in Henry Boot Construction Ltd v Alstom Combined Cycles Ltd [2005] EWCA CIV 814.
In some personal injury cases, time can start on the date that the potential claimant obtained knowledge, or should have known, that he could bring an action as per Section 5(2)(b), LCAA.
Exceptions to time limits:
Limitation periods can sometimes be extended or postponed in cases of disability, acknowledgement, part payment, fraud, concealment or mistake.
Disability
The LCAA states that a person is under a disability if they are: an infant (under the age of majority), suffering from a mental disorder, receiving treatment as an inpatient in a Mental Health Hospital or regarded as mentally ill as per the Mental Health Act. Such persons can bring their claim any time before the expiry of four years from the date they stopped being under a disability or died according to Section 11, LCAA. For example, if John Doe who has a disability got in an accident in 2017 and his disability ceases in 2023, he would have up until 2027, 4 years later, to bring his action.
Part Payment & Acknowledgement of Debt
In claims for the recovery of debt or fixed sums of money where the defendant acknowledges the debt or has made any payment towards the claim, time starts to run either on the date of the acknowledgment or payment in accordance with Section 12, LCAA.
Fraud, concealment or mistake
It should also be noted that in cases of fraud/concealment/mistake, time begins to run when the claimant discovers the fraud or concealment by the defendant, a mistake, or could have with reasonable diligence discovered it as per Section 14(1), LCAA.
COVID-19 Legal Notices
The COVID-19 Pandemic caused many delays and extensions in our daily lives, one of which was an extension of time to bring actions in the Court. Section 6 of the Miscellaneous Amendments Act No. 10 of 2020 added Section 23 to the LCAA, stating that the period from March 27 to April 30, 2020, or any longer period set by the Attorney General, would not count when calculating a limitation period under the LCAA. This was eventually extended this period to 2nd May, 2022. Therefore, the period from 27th March, 2020 to 2nd May, 2022 would be excluded when counting the usual time of four years to bring an action.
For example, if John Doe slipped and fell at a store because of lack of proper signage on 2nd October 2019, he would still be in time to bring his claim for damages for negligence. His original limitation deadline would have been 1st October, 2023 but as a result of the said Legal Notice, he now has until 6th November, 2025 to bring his claim.
Other Extensions
The Court may extend the 4-year limit for personal injury claims, or actions under the CIA, if it believes that barring the case would unfairly harm either the Claimant or the Defendant, as stated in Section 9(1) and (3) of the LCAA. It was clarified in The Attorney General of Trinidad and Tobago; Police Constable Khadoo #16878 v Muhammed Hosein Civil Appeal No. P173 of 2020 that here, the LCAA is referring to claims regarding “physical injury and severe conditions of mental disease” and some medical evidence or diagnosis must be provided.
Workmen’s compensation
Notably, no extensions were given during the COVID-19 Pandemic to bring claims under the Workmen’s Compensation Act Chapter 88:05. A claim for compensation under this Act must be made within one year from the occurrence of the accident, unless a delay in bringing the claim was due to the workman’s mistake, being outside of Trinidad and Tobago or another reasonable cause.
Remember, each case is unique. Has your time run out or is it still running? Always seek advice from an Attorney-at-Law who would be able to determine whether you can bring your claim before the Court.
Submitted by: Akil Durity & Johanne Ryan
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: www.laaa.org.tt