Overview The Statute of Limitations provides time limits for the commencement of legal action. The purpose is to ensure that claimants make their claim within a reasonable time and that defendants do not have to defend a claim, long after the relevant facts and event has occurred. The Act sets the latest date for the commencement of legal proceedings. In the District Court, the issue […]
Time Limits to Commence The Statute of Limitations provides for time limits for the commencement of legal proceedings. The purpose is to ensure that claimants make their claim within a reasonable time and that defendants do not have to defend a claim, long after the facts and events have occurred. Different time limits apply to different claims. The claim periods generally cease to run once […]
Limited Discoverability Exception A “personal injuries” action in this context, is one where bodily injury is suffered as a result of negligence, nuisance or breach of duty. A personal injury claim includes any disease, any impairment of physical and mental conditions. 2004 reforms have changed the time limit for commencement of proceedings in respect of personal injuries to two years from the time that the […]
General Position The time limit for commencement of a claim based on breach of contract is six years. The time limit for civil wrong/torts other than personal injuries and defamation is six years. Recent legislation has provided special time limits for personal injuries claims arising from negligence, namely two years, and for defamation, one year. The period for commencement of personal injury claims is suspended […]
Limitation Periods Nothing in this Act affects any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise. Any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded. A six-year time limit applies for actions for breach […]
Equitable Bar A person may be denied the right to rely on the Statute of Limitations by the courts of equity. If it would be dishonest or unconscionable for him to do so, the chancery courts have long held, that he may be estopped from relying on the statute. Estoppel may arise where the defendant through his actions or words, leads the claimant to believe that […]