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Detailed Practice Notes written by our Professional Support Lawyers, guiding you through the key issues in each topic.
Limitation: general - overviewLimitation Act 1980 - general application
When seekling to bring a claim it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980. A failure to do so enables a defendant to have a complete defence against the claim if a valid defence is pleaded.
The Limitation Act 1980 also sets out the circumstances in which the court can exercise its discretion to disapply a limitation period in individual cases.
There are specific provisions within the Limitation Act 1980 which deal with disability in relation to minors and those of mental incapacity
For more detail see Limitation - Limitation Act 1980.
Limitation Act 1980 - equitable claims, immunity, insolvency, mediation and reform
When considering whether limitation issues apply it is important consider the court's equitable jurisdiction and remedies.
Questions as to whether or not a claim is immune from any provisions under the Limitation Act 1980 need to be considered. In addition the Limitation Act 1980 has an impact when dealing with insolvency or mediation case. The proposed reforms of the Act are also considered.
For more detail see .
Limitation Act 1980 – principal limitation periods
Limitation periods vary depending on the nature of the claim being brought. It is therefore important to identify the nature of the claim in order to establish what limitation period applies.
For more detail see Limitation Act 1980 – the principal limitation periods.
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