Q&As

Can a claimant's delay in bringing a claim, or their acquiescence/consent, be used as a defence to a breach of statutory duty claim despite the claim being inside the limitation period?

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Published on LexisPSL on 12/10/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a claimant's delay in bringing a claim, or their acquiescence/consent, be used as a defence to a breach of statutory duty claim despite the claim being inside the limitation period?

Laches is an equitable doctrine which, as a general rule, acts as an equitable bar to equitable claims (for example, in respect of claims for remedies such as specific performance and injunctions) where there has been an unconscionable delay by the claimant in seeking relief. In other words, it acts as a limitation of actions in equity where the Limitation Act 1980 (LA 1980) does not apply. In the event that the relevant statute in a breach of statutory duty claim provided a limitation bar, or a period of limitation prescribed by LA 1980 applied to the claim (for example, LA 1980, ss 2, 8 or 9), the claimant will be entitled to that statutory period i

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