Statutes of limitation meaning

What are the practical implications of this case? Under statutory limitation principles, an equitable set-off defence is ordinarily not caught by a time bar. Typically, limitation statutes render a claim unenforceable rather than erasing the underlying debt or liability. That is, time limits usually bar remedies without destroying the obligation itself. Hence the defence remains available. Consequently, equitable set-off, operating as a shield and not as enforcement, can still neutralise a claim for defendants who have acted a touch late. However, in this matter the High Court confirmed the parties’ contractual freedom to stipulate a different result: that their contractual time limit extinguishes the underlying liability entirely. Applying the now well-rehearsed canons of contractual construction, Mrs Justice May emphasised the need to read each agreement within its own context. This stands as a reminder to contracting parties not to assume that statutory limitation principles will govern their contractual limitation, and to take care to express their intentions with clarity. In parallel, those already bound by notification provisions should reflect...

Limitation Act 1980 and Latent Damage Act 1986 The Limitation Act 1980 (LA 1980), as amended by the Latent Damage Act 1986 (LDA 1986), sets the time limits for starting different categories of legal action. If proceedings are issued after the relevant period has run, a defendant can contend that the claimant’s remedy is time-barred. For the construction sector, the most pertinent deadlines concern contractual and tortious (negligence) claims, though the LA 1980 also fixes periods for personal injury, defective products and defamation. There are, moreover, particular limitation rules for claims under specific statutes, including the Defective Premises Act 1972, the Building Act 1984 and the Building Safety Act 2022. Limitation is often critical for disputes about defective work, as the cause of action may arise long before any issue is visible. For example, faulty foundations installed by a contractor might later cause wall cracking and subsidence, yet the problem may not manifest for years. In such circumstances, the limitation period may have lapsed before the defect becomes apparent...

This Practice Note offers a Denmark-focused Q&A on labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research (September 2022)... Authors: Norrbom Vinding-Yvonne Frederiksen... 1. What are the main statutes and regulations relating to employment? Denmark has no single, overarching employment act covering the entire labour market. Instead, employment relations are shaped by a combination of statutes, collective bargaining agreements and the parties’ individual contracts. Danish employment rules broadly fall into two strands: collective agreements and legislation concerning salaried (white-collar) employees... A significant share of workers in Denmark are subject to a collective agreement. Negotiated by trade unions and employer organisations, these agreements stipulate core employment terms and pay, commonly addressing working hours, minimum wages, notice requirements and similar topics. Consequently, many employment conditions are primarily determined through collective bargaining... The Danish Salaried Employees Act applies to a substantial group across both private and public sectors, though only to those who qualify as salaried employees under the...

Labour and employment-Finland-Q&A guide This Practice Note presents a Finland-focused labour and employment Q&A, issued within the Lexology Getting the Deal Through series by Law Business Research (published: April 20232). Authors: Kalliolaw Asianajotoimisto Oy-Pekka Kiviniemi; Kalliolaw Asianajotoimisto Oy-Anni Santanen 1. What are the main statutes and regulations relating to employment? The principal legislation comprises: the Employment Contracts Act (55/2001); the Working Hours Act (872/2019); the Collective Agreements Act (436/1946); the Act on Cooperation within Undertakings (1333/2021); the Occupational Safety and Health Act (738/2002); the Occupational Health Care Act (1383/2001); the Act on the Occupational Safety Personnel Register (1039/2001); the Act on the Protection of Privacy in Working Life (759/2004); the Annual Holidays Act (162/2005); the Workers' Compensation Act (459/2015); the Trade Secrets Act (595/2018); the Security Clearance Act (726/2014); the Non-discrimination Act (1325/2014); the Act on Posting Workers (447/2016); the Aliens Act (301/2004); the Young Workers' Act (998/1993). ...