The Basics: Limitation & Commencing Proceedings - How Long Do I Have To Make A Claim?

While parties are encouraged to take pre-action steps to resolve their disputes without recourse to the courts (and many are able to), there may come a point in a dispute where no progress is being made and you need to consider commencing formal legal proceedings. But how do you go about this, and how long do you have to do it?

Here we look at the basics of limitation, and commencing proceedings.

What is limitation?

Limitation is a potential defence to a legal claim, on the basis that the claim has not been brought in time. Legislation prescribes limitation periods within which a legal action must be brought. If a claimant does not bring an action within the relevant limitation period, they run the risk that a defendant will argue any claim is out of time (also referred to as "statute-barred" or "time-barred").