Limitation

Question 1

What Act governs limitation periods?

Answer 1

The Limitation Act 1980

Question 2

What is the effect of limitation?

Answer 2

if a party misses the relevant limitation period for their claim, they may still bring the claim.

However, the defendant will have a technical defence to the claim.

Essentially, if the court agrees that the claim is statute barred by limitation, the claimant’s case will fail.

Question 3

What is the limitation period for claims in tort?

Answer 3

Basic rule - claimant has 6 years from the date of the cause of action to commence their proceedings.

In tort, the cause of action accrues when the tort is committed.

In negligence, this will be when damages occur as a result of a breach of duty.

Question 4

What is the limitation period in breach of contract claims?

Answer 4

Basic rule - claimant has 6 years from the date of the cause of action to commence their proceedings.

In contract, the cause of action accrues as soon as the breach of contract occurs. This is a question of fact to be determined by the court.

Note: Contracts may specify a different limitation period to the statutory one, and the contractual one takes precedent.

Question 5

What is the limitation period in personal injury claims?

Answer 5

The limitation period for personal injury claims is 3 years.

This runs from the date of the cause of action, or the date of knowledge of the person injured (the date the person injured gained enough knowledge to bring a claim).

For children, the limitation period of 3 years does not start to run until their 18th birthday.

Question 6

Can a limitation period be extended?

Answer 6

Yes - the court has the discretion to extend the limitation period, but will only exercise this discretion in exceptional circumstances.