Limitation

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Statutory limitation periods seek to regulate the balance between interests which compete and sometimes conflict, ie:

  1. •

    the interest of the claimant in having the most extensive opportunity to pursue claims for legal redress, and

  2. •

    the interest of the defendant in not having to defend stale proceedings because:

    1. ◦

      it is unfair for the 'sword of Damocles' to hang over them indefinitely

    2. ◦

      the passage of time causes memory to fade and

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