Q&As

From what point does the limitation period in respect of a negligent misstatement claim run?

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Published on LexisPSL on 26/04/2018

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

  • From what point does the limitation period in respect of a negligent misstatement claim run?
  • Limitation periods for claims in tort
  • Limitation periods for negligent misstatement claims
  • Further reading

From what point does the limitation period in respect of a negligent misstatement claim run?

Limitation periods for claims in tort

A negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by section 2 of the Limitation Act 1980 (LA 1980) and a party accordingly has a period of six years within which to bring their claim.

For more general information on LA 1980 and the principal imitation periods that apply, see Practice Notes: Limitation Act 1980—general application (in particular, the section ‘Determining the limitation period’) and Limitation—the principal limitation periods.

Limitation periods for negligent misstatement claims

As set out in Practice Note: Limitation—tort claims, calculating when time starts to run in tort claims depends on whether a tort is actionable ‘per se’ or requires proof of damage. Negligent misstatement claims fall within the latter category and time accordingly runs from the date when damage is sustained.

In particular, the Commentary:

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