Q&As

Can you raise a time-barred counterclaim?

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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings
Published on LexisPSL on 24/04/2017

The following Dispute Resolution Q&A produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Can you raise a time-barred counterclaim?

The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA 1980). That provision has been described as ‘one of the most convoluted provisions in the entire law of limitations’: per Lord Collins in Roberts v Gill at [3], citing McGee, Limitation Periods (5th Edn).

By LA 1980, s 35, a set-off or counterclaim is treated as a separate claim and is deemed to have been made on the date when the original proceedings were commenced. The general rule is therefore

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