What is a limitation period?
A limitation period is a time period during which a claim can be made.
The time limits are set out in an Act called the Limitation Act and this Act defines a variety of time periods which are applicable depending on the claim which is being made.
Limitation periods vary depending on the type of case, for example, a breach of contract claim in simple contract requires a claim to be brought within 6 years from the date of the breach.
A claim in fraud is limited in 6 years and defamation to one year after the defamatory statement is made.
Time periods in personal injury work can be complicated. The starting point is that a claim has to be made within 3 years of the date of the accident. Where the date of the accident is not precisely known, for example, in a case involving industrial disease, then the time starts when a person making a claim knew or ought to have known that their condition was caused by a breach of duty.
The position gets more complicated in personal injury because the Court has a discretion to dis-apply the 3 year limitation period in exceptional circumstances.
At Emsleys Solicitors, our personal injury team can act for clients in claims for compensation for personal injury or physical and sexual abuse where these timescales can be examined and arguments raised so as to enable a claim to proceed.
We work with our clients to build a successful case and look to overcome challenges that may arise here.
If you would like to discuss making a claim, call us on 0113 232 1030 for a free, no obligation consultation with a member of our team.
