limitation period

Limitation periods in England are fixed by the Limitations Act. Expiration of a limitation period is a complete defence to a claim which is out of time. The limitations periods in English law apply as it is contrary to public policy for persons to be perpetually exposed to litigation for wrongful acts. Limited exceptions to the general rule however do apply. When significant time has passed after the events giving rise to the cause of action, witnesses’ memories fade, documentary evidence available to properly judge the case is less likely to be available, and indeed may have ceased to exist. These factors prevent justice being served. Therefore it is in the public interest that a claims become statute barred after an appropriate period of t

The Limitations Act 1980 sets up limitation periods for different categories of claim, and other statutes do for more specialised types of claims. Where a type of claim does not fall within the strict meaning of one of the classifications, the court may still be persuaded that the limitation applies by way of analogy in a like manner.

The defence that a limitation period applies must be raised by the defendant, and will not apply unless it has been pleaded by the defendant. In circumstances where the claim is commenced one day after the limitation period has expired is likely to be fatal to the claim where the defence is raised.

Usage: The defendant successfully defended the legal action for breach of contract by proving the application of the relevant limitation period.

Related Words: acquiescence; laches.

Useful Material:Limitations Act 1980