Limitation

One of the first issues every legal practitioner should consider when conducting legal research is whether the proposed claim has been brought within the applicable limitation period. A claim with strong factual and legal merits may nevertheless fail if proceedings are commenced outside the statutory time limit prescribed by the Limitation Act 1980. Accordingly, limitation should never be treated as a procedural afterthought; it is a fundamental issue that should be addressed immediately upon receiving instructions.

The applicable limitation period varies depending upon the nature of the claim. For example, claims founded on simple contracts are generally subject to a six-year limitation period from the date on which the cause of action accrued, whilst actions founded upon deeds are ordinarily subject to a twelve-year limitation period. Different limitation periods apply to negligence, personal injury, fraud, recovery of land and other specialised causes of action. Practitioners must therefore identify the precise legal basis of the claim before calculating the relevant limitation period.

Importantly, limitation research extends beyond identifying the statutory period. Consideration should also be given to issues such as postponement, deliberate concealment, disability, acknowledgment, part-payment, contractual limitation provisions and any judicial authorities interpreting the relevant statutory provisions. Failure to investigate these matters comprehensively may result in inaccurate advice regarding a client's legal position

References (OSCOLA)

1. Limitation Act 1980.
2. Limitation Act 1980, ss 5 and 8.