Limitation is one of the first issues that should be considered in any potential civil claim. A claim may have strong facts and good evidence, but if proceedings are started outside the applicable limitation period, the Defendant may have a complete or substantial defence.
There is no single limitation period.
Different claims can be subject to different time limits. Personal injury, contract, negligence and other causes of action are not all governed in exactly the same way.
Do not confuse negotiation with protection.
Ongoing correspondence or settlement discussions do not automatically stop time running. If limitation is approaching, the procedural position should be addressed specifically.
Identify the correct cause of action and date.
The limitation analysis can depend on when the cause of action occurred, when damage occurred and, in some cases, when relevant facts became known.
Act early.
Limitation issues can become technically complex. If you are uncertain when your deadline expires, obtain appropriate advice well before the date you think may apply.
