Reproduced from Practical Law with the permission of the publishers. For further information, visit practicallaw.com.
Limitation issues are the first thing on a legal practitioner’s mind when faced with a claim that may lead to litigation or is pending before a court or tribunal. From a claimant’s perspective, the lapse of the relevant limitation period may result in a court or tribunal dismissing the claim, which means no action can be brought on it. Counsel should ensure that a claim is brought within the limitation period, or that the limitation period stops running or is suspended (or extended) to accommodate the claim, if necessary. From a defendant’s perspective, a claim made by the plaintiff barred by limitation may lead to its dismissal and therefore counsel may need to expressly raise the ground of limitation in their statement of defence. Counsel from both sides need to be aware that disputes with regard to limitation periods often give rise to satellite litigation and delay the primary proceedings.Download PDF to read more
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