Limitation—extensions of time under the Limitation Act 1980


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Limitation—extensions of time under the Limitation Act 1980


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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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

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