Q&As

To what extent can facts be admitted and relied on where those facts pertain to events after the limitation period has expired but where the claim itself was brought within the relevant limitation period?

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Published on LexisPSL on 14/09/2016

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

  • To what extent can facts be admitted and relied on where those facts pertain to events after the limitation period has expired but where the claim itself was brought within the relevant limitation period?

To what extent can facts be admitted and relied on where those facts pertain to events after the limitation period has expired but where the claim itself was brought within the relevant limitation period?

We are not aware of any authority dealing directly with this point, but would assume that provided the claim is brought within the limitation period the usual rules of evidence apply, even in respect of evidence pertaining to events after the limitation period has expired.

Evidence, in its bare sense, relates to proving or disproving a fact or matter in issue. The law of evidence indicates what may properly be introduced by a party (that is, what is admissible), and also what standard of proof is necessary (that is, the degree of conviction or persuasion that the evidence needs to produce). In short, the law of evidence governs the means and manner in which a party may substantiate his own case, or refute that of his opponent. For more information, see Witness evidence—overview.

The question of admissibility of evidence is whether the evidence is relevant to a fact in issue in the case. Admissibility is always decided by the judge and all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. What is relevant (namely what goes to prove or disprove a matter in issue) will be decided

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