Limitation—extensions of time under the Limitation Act 1980


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

Limitation—extensions of time under the Limitation Act 1980


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
imgtext

This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act 1980 (LA 1980).

Extension or exclusion of time limits

Part II of the LA 1980, ss 28-34 provides a number of ways in which the limitation periods prescribed by LA 1980, Part I might be extended or excluded. In particular, it provides that the ordinary time limits (as set out in Practice Note: Limitation—the principal limitation periods) might not apply if:

  1. •

    the claimant has a disability, ie is under 18 years old and/or is of unsound mind as defined by the Mental Capacity Act 2005 (MCA 2005) (LA 1980, ss 28, 28A)

  2. •

    there is a fresh accrual of action following an acknowledgement or part payment (LA 1980, ss 29-31)

Each of the above provisions are considered further below.

In terms of the other key ways in which a limitation period under LA 1980, Pt I might be postponed, extended or excluded under LA 1980, see also:

  1. •

    LA

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
ACT definition
What does ACT mean?

Association of Corporate Treasurers.

Read more readmore

Popular documents

Limitation—extensions of time under the Limitation Act 1980

Limitation—extensions of time under the Limitation Act 1980This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act 1980 (LA 1980).Extension or exclusion of time limitsPart II of the LA 1980, ss 28-34

Standstill agreements to suspend or extend limitation

Standstill agreements to suspend or extend limitationThis Practice Note provides guidance on standstill agreements (or tolling agreements) used for either suspending the running of limitation or extending the period of limitation. It explains the distinction between such standstill agreements and

Non-compliance with pre-action provisions

Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being sanctioned and what those sanctions might be.For more general guidance on the extent to which

In what circumstances can you assign a claim or cause of action?

In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation.For guidance on how to assign a claim or cause of action, with particular consideration