Q&As

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 LexisPSL on 20/03/2019

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

  • 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?
  • Protective proceedings
  • Options available
  • Where the claim has not yet been issued
  • Where the claim has been issued
  • Further reading

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 claimant correctly complies with the CPR, this is a procedural step which the court will complete without regard to the merits of the claim and/or any arguments available to a defendant.

For further information, see Practice Note: Limitation Act 1980—general application, in particular the sections:

  1. ‘Limitation Act 1980—general application—Determining the limitation period’

  2. ‘Limitation Act 1980—general application—Protective proceedings’, and

  3. ‘Limitation Act 1980—g

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