Before considering commencing a court claim, establishing whether your claim is still within the relevant limitation period is essential for your claim to succeed.
At George Ide LLP, our experienced solicitors will advise you to help understand the relevant limitation period so that your claim is brought in time.
For those who are concerned that their claim might be fast approaching its expiry date, it is vital that expert legal advice is obtained as soon as possible to ensure that you fully understand your options.
Understanding Limitation
A limitation period is the length of time within which a party must bring a claim.
Under the Limitation Act 1980, a claim can be “time-barred” if the claimant fails to bring the action before the Court within a specified period of time. A failure to bring a claim in time will give the defendant a complete defence to the claim.
The period of time within which a claim must be brought depends on the nature of the claim and the specific facts of each case. A claimant usually has:
- 6 years from breach of contract in relation to simple contract claims;
- 12 years from breach of contract in relation to contracts entered into by way of deed;
- 6 years from date of loss suffered in relation to certain actions in tort, such as negligence. This date can be extended by a further 3 years from a claimant’s date of knowledge (i.e. the date it became aware or ought to have become aware it suffered loss). This ‘date of knowledge’ extension is subject to a 15-year longstop.
It is important to note that the date on which the limitation period starts to run depends on the nature of the claim and the specific facts of each case.
At George Ide LLP, we will carefully review your position and advise you of the relevant limitation period.
Protecting Your Position
Acting fast and obtaining legal advice early is often critical.
There are a number of options available to parties who are concerned that their claim may be at risk of being time-barred. These options will be incredibly time-sensitive but may include:
- Issuing court proceedings;
- Entering into a standstill agreement. This is a contract with the other party which formally agrees an extension or suspension of time;
- If a claim is settled, then the issue of limitation falls away and so no proceedings or standstill agreement is required.
- Raising arguments which relate to alternative causes of action in order to change the limitation date.
At George Ide LLP, our experienced team will consider all available options to protect and preserve your position.
We also recommend checking with our experienced solicitors for any old debts or money claims that may appear to be over 6 years old and time barred. If the debt has been part paid, or if the debtor has acknowledged the debt or agreed to pay, it may be possible to argue that the limitation clock has been reset and therefore still within time.
For expert advice on limitation, contact our Dispute Resolution team at our Chichester office on 01243 786668 or email us at info@georgeide.co.uk.
Contact Our Friendly Legal Experts Today
For general enquiries or to discuss more specific needs in personal or commercial law please get in touch with a friendly member of our team today.
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Author: Mark Robertson
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