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ARTICLE · 27 NOVEMBER 2023

Time Is On My Side: When Can Limitation Periods Be Extended In The UK?

A fundamental issue that all litigants will be well served to consider when bringing, or defending, any legal proceeding is the question of whether the claim has been brought in time.

United KingdomLitigation, Mediation & Arbitration

A fundamental issue that all litigants will be well served to consider when bringing, or defending, any legal proceeding is the question of whether the claim has been brought in time. The inadvertent failure to bring a claim in time has served to fatally undermine several disputes that otherwise may have been successful.

The Limitation Act 1980 sets out the relevant time limits (known as 'limitation periods') in which different kinds of legal claims must be brought – and the time from which those limitation periods begin to run. Many aspects of the act are uncontroversial, but there was some lingering uncertainty concerning the interpretation of Section 32, which extends the normally applicable limitation periods in circumstances where facts relevant to the claimant's cause of action have been deliberately concealed by the defendant. Section 32 states:

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