Limitation

Limitation guidance:

Actual or constructive Date of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression because it can arise...

Practice Note

Assessing the limitation date On instruction, limitation should be one of the first things you consider. Although the general rule is relatively...

Practice Note

Section 33(1) of the Limitation Act 1980 (LA 1980) allows the court to extend the three-year limitation period under LA 1980, s 11, if it is equitable to do so, having...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

Limitation generally Section 2 of the Limitation Act 1980 (LA 1980) provides a general rule that an action founded on tort shall not be brought after expiry of six years...

Practice Note

Limitation is almost always an issue in NIHL claims. The typical claimant is someone who was exposed to noise at work much more than three years before they approached a...

Practice Note

Persons under a disability Claimants under a disability A claimant under a disability is someone who is either: • under 18 years of age, or • of unsound mind as defined...

Practice Note

The Limitation Act 1980 is referred to as LA 1980. Accidents abroad Pursuant to the Foreign Limitation Periods Act 1984, where a court in England or Wales is applying the...

Practice Note

The Limitation Act 1980 is referred to as LA 1980. The power to disapply the primary limitation period When dealing with personal injury claims that fall...

Practice Note

The Limitation Act 1980 is referred to as LA 1980. LA 1980 sets out the time limits within which claimants are entitled to bring claims of various types. In general...

Practice Note