One of the most important issues for litigation is whether a claimant’s right to action is within the limitation period.
The Limitation Act 1980 contains provisions on limitation periods for different areas of law, ranging from negligence to breach of contract.
A basic example is breach of a simple contract. The limitation period is currently 6 years from the date that the cause of action accrued. If, for example, a breach of contract arose on 19th November 2018, then the Claimant would have to issue the claim by close on 18th November 2024 or he would potentially lose the right to claim.
Should the matter be issued outside of the limitation period, then the Defendant will have a defence to the claim issued, although there are some exceptions to the limitation rule which the court may consider.
Limitation is an important issue that all claimants need to be aware of so as not to leave issuing a claim too long and therefore be barred from proceeding. In some instances, limitation is not as simple as the above example. For more information on this area, please contact Nick Stockley.