Bermuda civil and statutory proceedings
Which date starts Bermuda personal injury limitation?
Ordinarily six years from the later event. Establish and commence the correctly classified action within its applicable statutory period. Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
- Period
- Ordinarily six years from the later event
- Trigger
- Later of cause-of-action accrual and the injured person’s statutory knowledge
- Rule
- Limitation Act 1984 (1984:54), section 12(3) and (4)
Limitation Act 1984 (1984:54), section 12(3) and (4). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026.
Source guide · No automated date
Check the applicable procedure
Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question. Establish later of cause-of-action accrual and the injured person’s statutory knowledge and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
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Which date starts Bermuda personal injury limitation?
Ordinarily six years from the later event. Establish and commence the correctly classified action within its applicable statutory period. Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
Responsible actor. Person injured by qualifying negligence, nuisance or breach of duty.
Later of cause-of-action accrual and the injured person’s statutory knowledge.
Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
Limitation Act 1984 (1984:54), section 12(3) and (4)How does this provision count time?
- Establish later of cause-of-action accrual and the injured person’s statutory knowledge.
- Establish and commence the correctly classified action within its applicable statutory period.
- Knowledge is defined by section 15 and includes specified constructive knowledge. A late diagnosis alone does not establish every required knowledge fact.
- A closed court day does not establish statutory knowledge or discretionary relief under section 34. Confirm the actual injury branch and commencement.
Knowledge is defined by section 15 and includes specified constructive knowledge. A late diagnosis alone does not establish every required knowledge fact.
A closed court day does not establish statutory knowledge or discretionary relief under section 34. Confirm the actual injury branch and commencement.
Limitation Act 1984 (1984:54), section 12(3) and (4)Which facts prevent one automatic date?
Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question. Establish later of cause-of-action accrual and the injured person’s statutory knowledge and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
Person injured by qualifying negligence, nuisance or breach of duty establishes later of cause-of-action accrual and the injured person’s statutory knowledge. Knowledge is defined by section 15 and includes specified constructive knowledge. A late diagnosis alone does not establish every required knowledge fact. Ordinarily six years from the later event. Establish and commence the correctly classified action within its applicable statutory period. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to establish and commence the correctly classified action within its applicable statutory period. A closed court day does not establish statutory knowledge or discretionary relief under section 34. Confirm the actual injury branch and commencement. Establish the applicable computation and completion rule. No assumed carried date is supplied.
The injured person dies before the ordinary period expires. Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
- Count and complete the actual act
- Knowledge is defined by section 15 and includes specified constructive knowledge. A late diagnosis alone does not establish every required knowledge fact. A closed court day does not establish statutory knowledge or discretionary relief under section 34. Confirm the actual injury branch and commencement.
- Actor and required completion
- Person injured by qualifying negligence, nuisance or breach of duty. Establish and commence the correctly classified action within its applicable statutory period.
- Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
- Person injured by qualifying negligence, nuisance or breach of duty. Later of cause-of-action accrual and the injured person’s statutory knowledge. Establish and commence the correctly classified action within its applicable statutory period. Section 12 covers the specified injury damages even where the duty arises in contract. Death before expiry activates the estate branch. Section 34 gives a distinct discretionary question.
What must the responsible actor complete?
Questions about this procedure
Which date starts Bermuda personal injury limitation?
Is Bermuda injury limitation always three years?
No. Section 12(4) states six years for its ordinary injured-person branch.
Limitation Act 1984 (1984:54), section 12(3) and (4)Which of accrual and knowledge controls?
The later qualifying event.
Limitation Act 1984 (1984:54), section 12(3) and (4)Does legal knowledge of negligence matter?
Section 15(1) says knowledge that the conduct involved negligence as a matter of law is irrelevant.
Limitation Act 1984 (1984:54), section 12(3) and (4)Can knowledge be constructive?
Yes. Section 15(3) addresses reasonably obtainable facts and expert advice.
Limitation Act 1984 (1984:54), section 12(3) and (4)What if the injured person dies before expiry?
Section 12(5) supplies the surviving-estate branch.
Limitation Act 1984 (1984:54), section 12(3) and (4)Can the court disapply the ordinary limit?
Section 34 provides a separate discretion. It is not an automatic extension.
Limitation Act 1984 (1984:54), section 12(3) and (4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Limitation Act 1984 (1984:54), section 12(3) and (4) | Check the identified procedure, event, counting rule or qualification |
| Sections 2, 3 and 29–34; applicable exclusions and special provisions | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, applicable interpretation and time provisions | Check the identified procedure, event, counting rule or qualification |