Limitation Act 1980—general application


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert
Practice notes
COVID-19

Limitation Act 1980—general application


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
COVID-19
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In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.

The function of limitation periods

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

  1. •

    the interest of the claimant in having the most extensive opportunity to pursue claims for legal redress, and

  2. •

    the interest of the defendant in not having to defend stale proceedings because:

    1. â—¦

      it is unfair for the 'sword of Damocles' to hang over them indefinitely

    2. â—¦

      the passage of time causes memory to fade and evidence to be lost

When does the Limitation Act 1980 apply?

LA 1980 is the key statutory framework setting out the circumstances when a limitation defence may or may not be taken.

LA 1980, Part I sets out the time limits, broadly identifying how long a claimant has to 'bring actions' against another party. For an overview of the principal limitation periods under LA 1980, see Practice Note: Limitation—the principal limitation periods. Note also that 'actions' includes 'any proceeding in

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United Kingdom
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Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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