Limitation periods under the Limitation Act 1980
Written by Riyaz Jariwalla on 03 October 2008« Return to Reading Room
Most limitation periods are laid down in the Limitation Act 1980 (LA 1980) as amended. Several other statutes lay down limitation periods, and some procedural rules impose time limits which act rather like limitation periods. There has been a move in recent legislation towards flexible limitation periods for some types of cases. However, the usual rule is that no objection can be taken to a claim started on the last day of the limitation period, but there is a complete defence if proceedings are issued one day late.
Time runs until the issue of the claim form in the present proceedings. An earlier claim form based on the same alleged cause of action which is not proceeded with does not affect the question whether the claim form in the present claim was issued before limitation expired (Markfield Investments Ltd v Evans  1 WLR 1321).
Want to speak
Complete the form below and we’ll call you back free of charge.