Limitation periods: an overview

by Practical Law Dispute Resolution

A practice note that provides an in depth examination of limitation periods, crucial for both claimants and defendants in legal proceedings. It explains what limitation is and outlines the importance of bringing claims within the relevant limitation period as set out in the Limitation Act 1980, in order to avoid claims being time-barred. The note discusses various limitation periods for different types of claims, including simple contracts, torts, equitable remedies and specialties. The document also covers the commencement of time for claims, the significance of standstill agreements, and the intricacies of calculating when a claim is brought. Furthermore, it explores the rules for extending time for service of claim forms and the implications of part payments and acknowledgments of debts. The note provides an overview of the issues to consider when adding or substituting claims or parties in pending actions and the effects of insolvency on limitation. Additionally, it examines special rules for latent damage in negligence claims and the complexities of fraud, concealment, and mistake under section 32 of the Limitation Act 1980. The practice note offers guidance on personal injury claims, mortgage debts, enforcement of judgments, and the application of foreign limitation periods, providing a comprehensive overview of limitation issues in various legal contexts.