Limitation: general — overviewLimitation Act 1980

The Limitation Act 1980 sets the time limits within which a claimant is entitled to 'bring a claim'. Which time limit applies depends on the nature of the claim.

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 the position of minors and those of mental incapacity, as well as issues regarding the court's equitable jurisdiction and remedies.

Questions as to whether or not a particular limitation period for bringing a claim has expired and, therefore whether the claimant's action has become time-barred, are amongst some of the most complex questions of substantive law.

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.