Limitation

Limitation

Statutory limitation periods seek to regulate the balance between interests which compete and sometimes conflict, ie:

•
the interest of the claimant in having the most extensive opportunity to pursue claims for legal redress, and
•
the interest of the defendant in not having to defend stale proceedings because:
1. ◦
  it is unfair for the 'sword of Damocles' to hang over them indefinitely
2. ◦
  the passage of time causes memory to fade and

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