A limitation period is the period of time within which a party must bring a claim. If a claimant brings a claim out of time, the defendant can claim the defence of limitation and the claimant must then prove that the action arose within the limitation period.
There are different limitation periods for different types of action:
|Cause of Action||Limitation period||When does the limitation period start?|
|Contract||6 years||Date of the breach|
|Tort for e.g. trespass||6 years||Date when wrongful act committed|
|Negligence for e.g. professional negligence||6 years||Date of negligent act|
|Personal Injury||3 years||Date of negligent act or knowledge of act|
|Fraud||6 years||Date when fraud discovered|
|Rent Arrears||6 years||Date when rent became due|
|Product Liability Claim||10 years||Date when product supplied|
The above table is just an indication of the time limits and when the limitation period commences. The court’s application of the time limits can vary depending on the claimant’s knowledge of the act, when the claimant’s loss could have been reasonably discovered etc. Your solicitor can advise on the limitation period and if you are out of time, the option of agreeing an extension of the limitation period with your opponent.
For further information, please contact Richard Gordon at Foskett Marr Gadsby & Head LLP’s Loughton office on 01992 578 642.