IS THERE A TIME LIMIT FOR BRINGING A CLAIM?

Under the Limitation Act 1980, claims brought on tort (e.g. negligence) or simple contract are barred after the expiration of six years from the date on which the cause of Action accrues. There are however many exceptions, as in the case of a person under a disability (i.e. persons of unsound mind or infants.) The Limitation Period is also extended in the case of Fraud, concealment or mistake. A Cause of Action in a contract case occurs when the breach occurs whether or not the damage occurs at that time. It can therefore be quite complex. When a professional person omits to do something which is required by his retainer, it is not easy to identify when the breach occurred. In claims based on negligence, the cause of Action accrues when the Claimant actually suffers actionable damage. The real message is to act quickly and to respond to any potential error.

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