Limitation of Actions

Abstract

This chapter reviews the operation of the statutory restrictions on the prosecution of stale claims that caused Parliament to pass acts of limitation designed to prevent the bringing of claims after a certain period to eliminate the injustice of unduly delayed claims. It analyses the operation of key domestic statutory limitation periods applicable to common construction law disputes and the policy justifications behind them. It also reviews the application of foreign limitation periods. It emphasizes the essential procedural nature of a limitation defence under English law, which requires that any applicable time bar must be pleaded by a defendant if it is to be effective.