Limitation—tort claims


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

Limitation—tort claims


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, with particular focus on joint tortfeasors, concurrent duties between contract and tort claims, contingent damage, continuing wrongs and latent damage.

For more general guidance concerning limitation, see: Limitation—overview and Practice Notes:

  1. •

    Limitation Act 1980—general application

  2. •

    Limitation—the principal limitation periods

Initial considerations

A tort consists of ‘a breach of duty which gives a private law right to the party injured to recover compensatory damages at common law from the party causing the injury’ (SAAMCO). In the event that you have an action founded on a tort, the limitation period will be six years from the date on which the cause of action accrued (LA 1980, s 2).

Note that the terms of LA 1980, s 2 are widely drawn and capable of applying to new rights, which are most likely to be statutory claims that the courts classify as a tort. In Factortame (No 7) it

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Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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