Limitation

Q&As

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?In general, a party can bring a claim...

23rd Jul

Q&As

The limitation period for a claim expires in one month. The parties have now reached an agreement on damages, without the issue of proceedings, but the related costs have not been agreed. What is the impact of the limitation period expiring on the recovery of costs?

The limitation period for a claim expires in one month. The parties have now reached an agreement on damages, without the issue of proceedings, but...

23rd Jul

Q&As

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim form?

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim...

23rd Jul

Practice notes

Limitation—amendments to statements of case, set-offs and counterclaims

Limitation—amendments to statements of case, set-offs and counterclaimsFor general guidance on the computation of limitation periods, as well as more...

23rd Jul

Precedents

Agreement to extend limitation—standstill agreement

Agreement to extend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and...

23rd Jul

COVID-19

Practice notes

Standstill agreements to suspend or extend limitation

Standstill agreements to suspend or extend limitationAs observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common...

23rd Jul

COVID-19

In-house

Practice notes

Limitation—constructive trust claims

Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...

22nd Jul

Q&As

CPR PD 7A, para 5.1 states that proceedings are ‘brought’ for the purposes of the Limitation Act 1980 on the date the claim form is received by the 'court office'. In a chancery case, must the 'court office' for the purposes of CPR PD 7A, para 5.1, be a Chancery Court or would it be possible to hand deliver the claim form to a County Court (not in the Chancery Division), so that the claim is 'brought', and then await transfer of the case?

CPR PD 7A, para 5.1 states that proceedings are ‘brought’ for the purposes of the Limitation Act 1980 on the date the claim form is received by the...

22nd Jul

Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency...

Produced in partnership with Daniel Laking of 39 Essex Chambers 22nd Jul

COVID-19

Q&As

Where a claim form is received by the court on the last day of the limitation period (ie within time), but the court does not issue the claim until some days later, then can the defendant argue that the claimant is out of time?

Where a claim form is received by the court on the last day of the limitation period (ie within time), but the court does not issue the claim until...

22nd Jul

Practice notes

Limitation—fraud, deliberate concealment and mistake

Limitation—fraud, deliberate concealment and mistakeBrexit: This Practice Note refers to decisions of the Court of Justice. For guidance on whether...

22nd Jul

Practice notes

Limitation—the principal limitation periods

Limitation—the principal limitation periodsThe principal limitation periodsThe following table includes the principal types of action and details the...

22nd Jul

COVID-19

In-house

Practice notes

Limitation—latent damage

Limitation—latent damageBackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued...

22nd Jul

Precedents

Agreement to suspend limitation—standstill agreement

Agreement to suspend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name...

22nd Jul

COVID-19

Q&As

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire?

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...

22nd Jul

Q&As

As a general rule, and unless there is a contrary indication, are parties able to extend by agreement any statutory limitation period (ie by entering into a standstill agreement to either suspend or extend the running of time)?

As a general rule, and unless there is a contrary indication, are parties able to extend by agreement any statutory limitation period (ie by entering...

20th Jul

Practice notes

Limitation—amending a party name and substituting or adding (joinder) of parties

Limitation—amending a party name and substituting or adding (joinder) of partiesThis Practice Note should be read in conjunction with Practice Note:...

19th Jul

Practice notes