Limitation period meaning

Is there an actionable claim? Note: private competition claims are predominantly governed by national law, and procedural as well as substantive rules differ markedly across the EU; accordingly, when planning competition litigation, assessments will need to be made for each individual jurisdiction. Possible causes of action Assess whether UK competition law has been breached (or EU competition law where the period predates the end of the Brexit transition period). Determine if the loss arises from an agreement or concerted practice between undertakings, particularly between competitors (see further, The prohibition on restrictive agreements). Evaluate whether an undertaking that is arguably dominant—typically indicated by a substantial share of a relevant market—caused the loss through abusive conduct contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if before the end of the Brexit transition period) (see further, The prohibition on abuse of dominance). Consider whether other national or foreign competition laws have...

Scrutiny of construction documentation is typically pertinent to assets constructed within 12 years of the purchase date, or, for older properties, where works have been undertaken in the preceding 12-year period; however, treat this timeframe as a practical minimum only, since extended limitation periods for certain building safety-related claims may warrant a broader review for property that is, or includes, residential accommodation. See Practice Note: The construction due diligence process. This Checklist sets out the principal points that must be considered following receipt of the construction documents in relation to the property concerned. The papers should be reviewed at the outset and these key issues evaluated before putting any pre-contract enquiries to the seller. For an example of a list of pre-contract enquiries, see: Construction pre-contract enquiries-checklist. Documents (1) Confirm that a complete suite of construction documents relating to the property's construction and/or to works completed in the last 12 years, or any longer period as appropriate, has been provided and properly...

This Checklist summarises the principal due diligence considerations for listed building consent in Scotland. It identifies when consent is needed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (P(LBCA)(S)A 1997), including for demolition, and for alterations or extensions that affect a building’s character. It highlights the implications of undertaking works without consent or contrary to its terms, such as enforcement measures, potential criminal liability, and the absence of any limitation period for action. It also addresses planning authority powers where a listed building is in disrepair, how possible contraventions are uncovered through enquiries and searches, and what a client-facing due diligence report should cover. It forms part of a broader set of Scottish planning guidance, see: Planning for property lawyers in Scotland-collection. Is listed building consent required? P(LBCA)(S)A 1997, s 6 provides that no person shall undertake, or cause to be undertaken, any works for: the demolition of a listed building, or its alteration or extension in any manner that would...

Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2 What was the background? The Privy Council appeal arose from a 2007 design-and-build, lump sum contract governed by the 1999 FIDIC Yellow Book, concluded between the Water and Sewerage Authority of Trinidad and Tobago (WASA) and Uniform Building Contractors Ltd (UBC) for the design, supply and installation of pipelines. The works were structured as two discrete packages, each on a lump-sum basis. Executed on 23 May 2007, the agreement incorporated the Yellow Book, bespoke Conditions of Particular Application, the Employer’s Requirements, together with a Bill of Quantities (BoQ). Mr Barry Paul was appointed as the Engineer under the contract. During execution, disputes between the parties arose over performance. WASA served termination notices dated 28 May and 4 June 2009. UBC commenced proceedings in May 2013, shortly before the limitation period expired, and WASA advanced a counterclaim. At first instance, the court dismissed both UBC’s claim and WASA’s counterclaim in full. WASA...

In this issue: Autumn Budget 2024—key local government announcements Public procurement Governance Social housing Education Children’s social care Social care Healthcare Planning Daily and weekly news alerts New and updated content New Q&A Autumn Budget 2024—key local government announcements On 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, unveiled a range of measures significant to local government practitioners, spanning public procurement, governance, healthcare, social housing, education, children’s social care, social care, planning and local government finance. The government emphasised that ‘local government is essential to the running of the country’ and to delivering vital services. Commentary on the announcements and their implications for practitioners has been provided by Andrea Squires of Winckworth Sherwood and Amardip Healy of Blake Morgan LLP. See: LNB News 30/10/2024 59. Public procurement Limitation periods in public procurement challenges (Oracle Security v Barts NHS Trust) In Oracle Security Services...

The EU’s General Court held that the European Commission’s updated cartel penalty on HSBC was not out of time, as the bloc’s competition watchdog had filed an appeal that paused the limitation period. In December 2016, the Commission imposed a €33.6m fine on HSBC after concluding it had joined a cartel to influence a benchmark interest rate. The authority stated that several banks (including Crédit Agricole and JPMorgan Chase & Co) shared commercially sensitive data in breach of antitrust rules, following a five-year probe into aspects of the European Interbank Offered Rate, or Euribor. In September 2019, the General Court set aside HSBC’s fine because the Commission’s reasoning was insufficient, and the Commission appealed that judgment to the General Court. The Commission later recalculated the penalty to €31.7m in June 2021 and the following month (July 2021) withdrew its appeal. HSBC contested the revised sanction, arguing the time limit for issuing the penalty had not been suspended by the Commission’s appeal. The bank contended that the Commission had initially planned...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

This Practice Note sets out how to initiate arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules govern any ICC arbitrations begun on or after 1 January 2021, unless the parties expressly agree that an earlier version will apply. For an overview of the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For guidance on the 2017 and 2012 ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is crucial for parties and their advisers to check the dispute resolution clause in the relevant contract. If it provides for arbitration under the ICC Rules, at the outset the parties should consider, among other points: any limitation period (whether contractual or statutory) by which the arbitration must be commenced. For more detail under English and Welsh law, see Practice Note: Limitation periods in arbitration (England & Wales) ...

This Practice Note This Practice Note examines the Limitation Act 1980 (LA 1980) and sets out the periods within which claimants are permitted to start different kinds of claims. As a rule, any proceedings begun after the relevant limitation window has ended will be statute-barred, affording the defendant a complete defence. It further describes, for personal injury matters, the general principles on when time begins to run, the notion of date of knowledge, and when a court may lift the limitation bar. It also contains a practical checklist of personal injury actions that sit outside the standard three-year time limit. LA 1980 prescribes the statutory deadlines within which claimants may pursue various categories of claims. Those limits define the period within which such claims must properly be started. Broadly, a defendant will enjoy a full defence to any proceedings issued (see further below: ‘When is a claim brought?’) after the expiry of the applicable period. Once the pertinent time limit has elapsed, the claim is treated as statute-barred. The...

This Agreement dates from [ insert day ] of [ insert month ] 20[ insert year ] Parties 1 [ Insert full name and address of individual or company name, number and address of registered office ] ( Party A ) 2 [ Insert full name and address of individual or company name, number and address of registered office ] ( Party B ) each a ‘Party’ and jointly the ‘Parties’ The Parties agree: 1 Definitions and interpretation Dispute • denotes any claim stemming from or relating directly to [ Insert description of the dispute/circumstances giving rise to the dispute ]. Proceedings • signifies any court proceedings within England and Wales, plus also any arbitration concerning the Dispute. Period of Extension • denotes the duration that starts on the date of this Agreement and runs until it is ended in accordance with clause 3. Extension Date • signifies the date upon which the Period...

[ To appear on the claimant’s solicitors’ headed notepaper ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ] LETTER OF CLAIM [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. We represent [ insert client’s full name ], of [ insert full address ]. This document is our client’s letter of claim, issued in line with the Practice Direction Pre-Action Conduct and Protocols under the Civil Procedure Rules (the Practice Direction). For ease, a copy is enclosed. Please note the closing section of this letter sets out the timeframe for your reply and the ramifications of not providing a proper response within...

Definitions This Deed, between Lender and Borrower, defines key expressions used. Costs: all expenses on a full indemnity basis, including legal and professional fees. Event of Default: events in clauses 4.1.1–4.1.9. Financial Indebtedness: borrowing, bonds, finance leases, receivables financing, counter‑indemnities, and related guarantees. Insurance Policy: any current or future insurance benefiting the Borrower regarding the Real Property. Interest Rate: the stated annual rate or a closely comparable replacement if required. Legislation: UK laws and subordinate instruments, as amended, including approved codes of practice. Real Property: the assets in Schedule 1 together with buildings, fixtures and fixed plant. Receiver: any receiver (including a receiver and/or manager) appointed under this Deed or by law. Secured Obligations: all present and future liabilities to the Lender, including Costs and interest. Security Interest: any mortgage, charge, pledge, lien or similar arrangement conferring security. Security Period, VAT, Working Day: from today until full discharge; value added tax; any day except Saturday, Sunday...

Section 214 of the Housing Act 2004 as amended Section 214 of the Housing Act 2004, as amended, allows a tenant to issue a claim against a landlord using the modified Part 8 route for monetary redress where the landlord has not safeguarded the deposit. The award must be set at between one and three times the value of the deposit. If the tenancy is ongoing, the court may direct that the deposit is lodged with a relevant scheme. Under section 9 of the Limitation Act 1980, any such claim must be started within six years from when the cause of action arose...

An unincorporated association is not a legal entity In principle, it lacks legal personality and therefore cannot bring or face proceedings in its own name; this was the stance in London Association for Protection of Trade v Greenlands Limited. The position was examined in detail in Chancellor, Masters and Scholars of the University of Oxford v Broughton, a matter arising from a campaign by the Animal Liberation Front and related bodies. The conventional course is to seek a representation order, allowing a named member or office-holder to be joined as a party ‘on behalf of the members of the association’. Yet time pressures—particularly an approaching limitation deadline—may make obtaining such an order impracticable, prompting a prospective claimant to ask whether the association can be joined in its own name. As recorded in University of Oxford, there have been instances where the court has in fact made orders directly against an association. Several first‑instance rulings placed before the court show orders made against protest groups which have been...

Limitation period Where a lease contains no express provision restricting the timeframe for bringing a dilapidations claim, and the lease has been executed as a deed, the limitation period to commence a claim is 12 years (Limitation Act 1980, s 8). See Practice Note: Limitation Act 1980—the principal limitation periods. It is a common tenant amendment that the landlord may recover the costs of preparing the schedule only if it is served within a specified period following expiry of the lease. Please see below regarding the costs of any dilapidations proceedings (i.e. those costs incurred from the point of issue and service of proceedings onwards). However, the Dilapidations Protocol (formally adopted under the Civil Procedure Rules 1998) states at paragraph 3.3 that schedules ought to be issued within a reasonable time...