What is a limitation period?
The limitation period is the time period in which a party can bring a claim. This time commences from when the breach, damage or offense, has occurred.
The law in England and Wales is currently set out by the Limitation Act 1980 which sets out the periods for different causes of action.
For example, for breach of a simple contract, the limitation period is six years. This means the party has six years from the alleged breach of contract to bring a claim against the Defendant. These will differ across civil and criminal matters and will differ depending on jurisdictions.
Why is it important to know?
The period is the first thing that a lawyer will check if a party wishes to bring a claim. To put it simply, if the party has left it too long after the event occurred and the period has expired, then they will not be able to bring a claim at all.
Whether you are looking to bring a claim for an unfair dismissal, or you are seeking damages after being injured by an accident at work, or if you want a refund for a faulty product, then you will need to check the limitation period for that cause of action so that your claim is not time-barred.
How our firm use limitation periods
For individuals to join any one of our group litigation lawsuits they will have to show that their claim falls within the limitation period.
For example, in our claim against Uber, the period has been set from July 2015. To be eligible, an Uber driver will therefore have to show that they have driven for Uber since this date.
Similarly, to join our claim against Mercedes-Benz, a client must have a Mercedes diesel vehicle that has been originally registered between 2007 and 2018.
Author: Edmund Bennett, former Paralegal