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Latent Damage Act 1986

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 12 Related
Vincent
JurisdictionUK Non-devolved
Citation1986 c. 37
Year1986
  • The following sections shall be inserted in the
    • This section applies to any action for damages for negligence, other than one to which section 11 of this Act applies, where the starting date for reckoning the period of limitation under subsection (4) (b) below falls after the date on which the cause of action accrued.Section 2 of this Act shall not apply to an action to which this section applies.An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) below.six years from the date on which the cause of action accrued; orthree years from the starting date as defined by subsection (5) below, if that period expires later than the period mentioned in paragraph (a) above.For the purposes of this section, the starting date for reckoning the period of limitation under subsection (4) (b) above is the earliest date on which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action.of the material facts about the damage in respect of which damages are claimed; andof the other facts relevant to the current action mentioned in subsection (8) below.For the purposes of subsection (6) (a) above, the material facts about the damage are such facts about the damage as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.that the damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence; andthe identify of the defendant; andif it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.Knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (5) above.from facts observable or ascertainable by him; orfrom facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;which is alleged to constitute negligence; andto which the damage in respect of which damages are claimed is alleged to be attributable (in whole or in part) .the cause of action has not yet accrued; orwhere section 14A of this Act applies to the action, the date which is for the purposes of that section the starting date for reckoning the period mentioned in subsection (4) (b) of that section has not yet occurred;(1) The following section shall be inserted in the 1980 Act immediately after section 28 (extension of limitation period in case of disability on date of accrual of cause of action) —
      (28A) Extension for cases where the limitation period is the period under section 14A(4) (b) .
    • “(1) Subject to subsection (2) below, if in the case of any action for which a period of limitation is prescribed by section 14A of this Act—
    • (a) the period applicable in accordance with subsection (4) of that section is the period mentioned in paragraph (b)...
    the period applicable in accordance with subsection (4) of that section is the period mentioned in paragraph (b)

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