Limitation

Limitation Act 1980

When seeking to bring a claim, it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980 (LA 1980). A failure to do so could enable a defendant to have a complete defence against the claim.

It is likewise important to know when the limitation period starts, the impact of its expiry and which party bears the burden of proof of showing whether the limitation period has expired.

For more information, see Practice Note: Limitation Act 1980—general application.

Amendments to statements of case

For specific guidance on the courts’ discretion to permit amendments to statements of case after the expiry of a limitation period pursuant to LA 1980, s 35, CPR 17.4 and CPR 19.6, see Practice Notes:

1. •

   Limitation—amendments to statements of case, set-offs and counterclaims

2. •

   Limitation—amending a party name and substituting or adding (joinder) of parties

3. •

   Limitation and amendments—illustrative decisions

Principal limitation periods

Limitation periods under LA