Limitation: practical considerations

by Practical Law Dispute Resolution in association with Professor Andrew McGee

A practice note that provides essential guidance on navigating limitation issues in legal proceedings, emphasising the importance of timely action to avoid claims being time-barred. It outlines key considerations for calculating and extending limitation periods, considers the commencement and expiry of time for limitation purposes and highlights common pitfalls such as incorrect court fees and procedural errors. The note also discusses strategic approaches for both claimants and defendants, including the use of standstill agreements and the tactical timing of limitation defences. It explores when a claim is issued in different courts and pilot schemes and using CE-File. The note references significant case law, such as Matthew and others v Sedman and others [2021] UKSC on when limitation periods expire. It offers valuable insights into the complexities of limitation defences and their potential to affect the outcome of legal actions.