Cayman civil and statutory proceedings
Which date starts Cayman personal injury limitation?
Ordinarily three years from the later event. Bring the action required by the applicable limitation provision. Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
- Period
- Ordinarily three years from the later event
- Trigger
- Later of cause-of-action accrual and the injured person’s statutory date of knowledge
- Rule
- Limitation Act (1996 Revision), section 13(4)
Limitation Act (1996 Revision), section 13(4). Official current index and full primary bodies retained October 10, 2026.
Source guide · No automated date
Check the applicable procedure
Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief. Establish later of cause-of-action accrual and the injured person’s statutory date of knowledge and the actual completion required to bring the action required by the applicable limitation provision.
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Which date starts Cayman personal injury limitation?
Ordinarily three years from the later event. Bring the action required by the applicable limitation provision. Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
Responsible actor. Injured claimant in an action within section 13.
Later of cause-of-action accrual and the injured person’s statutory date of knowledge.
Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
Limitation Act (1996 Revision), section 13(4)How does this provision count time?
- Establish later of cause-of-action accrual and the injured person’s statutory date of knowledge.
- Bring the action required by the applicable limitation provision.
- Compare both accrual and legally defined knowledge. Do not equate medical diagnosis or obtaining legal advice with the knowledge date automatically.
- Personal injury knowledge and disability require separate facts. A nominal three-year anniversary does not establish timely court commencement or discretionary relief.
Compare both accrual and legally defined knowledge. Do not equate medical diagnosis or obtaining legal advice with the knowledge date automatically.
Personal injury knowledge and disability require separate facts. A nominal three-year anniversary does not establish timely court commencement or discretionary relief.
Limitation Act (1996 Revision), section 13(4)Which facts prevent one automatic date?
Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief. Establish later of cause-of-action accrual and the injured person’s statutory date of knowledge and the actual completion required to bring the action required by the applicable limitation provision.
Injured claimant in an action within section 13 establishes later of cause-of-action accrual and the injured person’s statutory date of knowledge. Compare both accrual and legally defined knowledge. Do not equate medical diagnosis or obtaining legal advice with the knowledge date automatically. Ordinarily three years from the later event. Bring the action required by the applicable limitation provision. Establish the actual completion facts before calculating a final date.
A proposed completion or status boundary intersects a closure or holiday while the party seeks to bring the action required by the applicable limitation provision. Personal injury knowledge and disability require separate facts. A nominal three-year anniversary does not establish timely court commencement or discretionary relief. Establish the applicable closure and completion rule. This guide does not supply an assumed carried date.
The injured claimant dies before the ordinary period expires. Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief. Resolve the changed source branch and required completion. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
- Count and complete the actual act
- Compare both accrual and legally defined knowledge. Do not equate medical diagnosis or obtaining legal advice with the knowledge date automatically. Personal injury knowledge and disability require separate facts. A nominal three-year anniversary does not establish timely court commencement or discretionary relief.
- Actor and required completion
- Injured claimant in an action within section 13. Bring the action required by the applicable limitation provision.
- Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
- Injured claimant in an action within section 13. Later of cause-of-action accrual and the injured person’s statutory date of knowledge. Bring the action required by the applicable limitation provision. Section 18 defines knowledge, including constructive knowledge. Death can engage the estate branch in section 13(5). Section 39 discretion is not automatic relief.
What must the responsible actor complete?
Questions about this procedure
Which date starts Cayman personal injury limitation?
Which of accrual and knowledge controls?
The later date under section 13(4).
Limitation Act (1996 Revision), section 13(4)Does legal knowledge of negligence matter?
Section 18 says knowledge of whether the conduct involved negligence or breach of duty is irrelevant.
Limitation Act (1996 Revision), section 13(4)Can constructive knowledge count?
Yes. Section 18(3) includes facts reasonably obtainable, subject to its expert-advice protection.
Limitation Act (1996 Revision), section 13(4)What changes on death?
Section 13(5) provides an estate period from death or the personal representative’s knowledge, whichever is later.
Limitation Act (1996 Revision), section 13(4)Can the court disapply the limit?
Section 39 permits a discretionary direction on the statutory balancing criteria.
Limitation Act (1996 Revision), section 13(4)Does childhood automatically end the analysis?
Section 32 disability rules and section 32(7)’s three-year substitution require separate examination.
Limitation Act (1996 Revision), section 13(4)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Limitation Act (1996 Revision), section 13(4) | Check the identified procedure, event, counting rule or qualification |
| Limitation Act, sections 3, 32–39 and 44, as applicable | Check the identified procedure, event, counting rule or qualification |