Nath Solicitors explains the concept of a limitation period and how it operates in legal proceedings.
The Limitation Act 1980 sets out the time limits within which court claims must be issued. A limitation period is the defined timeframe in which a person who has a right to make a claim against another must begin court proceedings. Should the claim be issued after the limitation period has expired, the defendant can use this expiry as a technical defence to defeat the claim.
Limitation in Contract Claims
The deadline for contract breach claims is six years from the date the cause of action arises, as set out in section 5 of the Limitation Act 1980 (the “Act”). This is usually the date when the contract is broken, even if the person bringing the claim is not yet aware of the breach and has not suffered any loss at that time.
Time stops running when the claim is formally brought, that is, when the court issues the claim form. For claims involving non-payment for goods or services, the limitation period begins when the goods are delivered or the services are performed.
Section 32 of the Act sets out circumstances in which the usual time limits may be postponed, such as where there has been fraud, deliberate concealment or mistake. Parties may also agree to vary the statutory limitation periods and include their own contractually defined limitation periods.
Limitation in Defamation Claims
For actions involving libel, slander, or malicious falsehood, the limitation period is one year from the date on which the cause of action arises.
There are three circumstances in which a claimant may be able to extend the one-year limitation period for defamation claims:
- The claimant suffers from a disability;
- The defendant has deliberately concealed the claimant’s right of action; and
- The court deems it fair to let the claim continue, considering the harm to each party if the claim was permitted or refused.
How Nath Solicitors can help
At Nath Solicitors, we advise clients on the applicable limitation periods, assess whether a claim is still within time, and take action to issue proceedings where necessary. We can also help explore exceptions, such as cases involving fraud or concealment, and draft contracts with limitation clauses to protect clients’ interests. If you need advice or assistance, please contact us on 0203 983 8278 or get in touch with the firm online.