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Limitation Claims

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Limitation Claims

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We are serious about fighting for justice and have over 20 years experience in the legal profession. 

We pre-vet your case free of charge within 2 hours whenever possible and without obligation.

If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis.

We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.


What is a Limitation Period?

It is any provision which specifies a time limit within which legal proceedings of a particular nature must be brought or, exceptionally, within which notice of a claim or dispute must be given to another party. Limitation of Actions is entirely a matter of Statute, there being no principle of limitation at common law. The Limitation Act sets out the basis periods in certain cases. The three questions which need to be addressed are:

  • When does the time period start to run?
  • How long is the Limitation Period?
  • What happens when the time in question expires?

The length of the Limitation Period varies from one Cause of Action to another and, indeed, the effect of the expiry also varies. Generally, though, the result is that no Action may be brought in respect of a time-barred claim.

How long is the Limitation Period?

Below are the most commonly encountered Actions. Many time limits are subject to exception or suspension under various provisions of the Limitation Act.

  1. Action in TORT - 6 years from the date of accrual of the Action;
  2. Action for damages for personal injuries – 3 years from date of discover-ability with judicial discretion to extend;
  3. Action in negligence where damage not immediately discoverable – 6 years from date of accrual or 3 years from date of discover-ability with long-stop of 15 years after last negligence
  4. Defamation – 3 years from date of accrual subject to limited judicial discretion to extend
  5. Action to recover Rent – 6 years from date when Rent due
  6. Action to recover land – 12 years from date of accrual

These are merely examples of the time limits imposed and need to be considered in advance as the consequences of non-compliance are generally serious. Naturally, there are numerous other time limits. Appeals in a Criminal case from Magistrates to Crown Court will generally be 21 days. To the Court of Appeal 28 days as from date of conviction in the Crown Court. In Civil Courts, appeals will generally be within 21 days, unless stated in the Order to be otherwise. Judicial Review, though itself under review, is currently three months from the decision to be reviewed. An Employment Tribunal Application must be lodged within three months, whilst an Appeal to the Employment Appeal Tribunal within 42 days. There are endless examples as evidenced by claims under the Human Rights Act with a time limit of 12 months.

Are there exceptions to the general rule?

As stated above, in certain cases, one can apply for an extension. However, as a slightly separate issue, there are two classes of disability – namely infancy and unsound mind. In the case of a minor, Limitation will generally only run as from the age of 18 years of age, and is therefore deferred. If a person is incapable of managing and administering his property and affairs, he is regarded as not being of sound mind for this purpose. In these two cases, Limitation does not in certain circumstances run.

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