สรุป
This Act addresses the problem of latent damage in negligence claims — damage that is hidden and may not be discoverable until years after the negligent act. It amended the Limitation Act 1980 to provide an alternative starting date for the limitation period: three years from the date the claimant knew (or ought reasonably to have known) of the material facts. It also introduced a longstop period of 15 years from the date of the negligent act, after which no claim can be brought regardless of knowledge.
ประเด็นสำคัญ
- Provides an alternative limitation period of 3 years from the 'starting date' — the date of knowledge of material facts (s.14A Limitation Act 1980)
- Material facts include: the damage was attributable to the defendant's negligence, the identity of the defendant, and (if relevant) the facts supporting a cause of action
- Subject to a longstop of 15 years from the date of the negligent act or omission (s.14B Limitation Act 1980)
- A fresh cause of action accrues when latent damage in property is discovered by a subsequent purchaser (s.3)
- Does not apply to personal injury claims (which have their own regime under s.11 and s.33 of the Limitation Act 1980)