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How would the court be likely to deal with a claim form where the claimant has not complied with a mandatory tiered dispute resolution procedure under the contract due to limitation?

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Published on: 20 March 2019
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Protective proceedings

In the event that a limitation period is due to end shortly, it is possible for a party to bring ‘protective’ proceedings in order to ensure that their claim does not become time-barred. Ideally, a party will have complied with all their Pre-action obligations (pursuant to the CPR as well as any other, for example, contractual Requirements) but, given that the effect of a limitation period under the Limitation Act 1980 expiring is that it provides a defendant with a complete defence to the claim (assuming they elect to plead limitation as a defence), there are circumstances when it will likely be prudent for a claimant to issue such proceedings.

Time stops running for limitation purposes when the claim is ‘brought’, which is the date when the claim form (together with the correct court fee) is received by the court for the purposes of issuing it. Assuming that the

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Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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