Q&As

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 30/03/2020

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?
  • Forthcoming expiry of limitation
  • Standstill agreement
  • To issue or not?

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?

Forthcoming expiry of limitation

It is important to ensure that you comply with the time frames provided for under the Limitation Act 1980 (LA 1980) (or other applicable limitation provisions), since a failure to do so can enable a defendant to have a complete defence. As a general point, LA 1980 is primary legislation, and the government’s response to the coronavirus pandemic has not included any changes to, or suspension of, the effect of that legislation. For general guidance on limitation periods under LA 1980, see Practice Note: Limitation—the principal limitation periods.

In order to bring a claim within the limitation period, the court needs to receive the claim form and correct court fee in time. CPR PD 7A, para 5.1 states that, although proceedings are’started’ when the court issues the claim form, where the claim form is received in the court office on a date earlier than the date on which it was issued, the claim is ‘brought’ for the purposes of LA

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