Chris Bushell & Ceri Morgan examine the increasingly high bar for claims to extend the limitation period
- Recent judgments provide clarity on the application of the Limitation Act 1980 and the high threshold for claimants to postpone the limitation period under s 32 or s 14A.
- The case law suggests the English courts are taking an increasingly robust approach to attempts to prolong the limitation period and are willing to manage time-barred claims on a summary basis.
The litigation market is well known to be counter-cyclical—an uptick in disputes usually follows market turmoil. The 2008 global financial crisis was no exception, and disputes with their factual roots in this period are still heard by the English courts today.
As an inexorable consequence, the court must grapple with complicated limitation arguments, and decisions fleshing out the law demonstrate the judiciary’s willingness to consider time-barred claims on a summary basis, in circumstances where, traditionally, such cases have been less amenable to a strike out or summary determination.
This article considers recent authorities looking at the Limitation Act 1980 (LA
