When is the deadline for ultimate limitation period, ten year long-stop?
The catalogue records a 10 years period from The date the claim arose, determined under s 3(3). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 years
- Trigger
- The date the claim arose, determined under s 3(3)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None to extend. Suspended by s 4 during any period of fraudulent concealment by the defendant, with the burden on the claimant (s 4(2)). Also suspended under ss 5, 5.1 and 5.2. Never compute a suspension.
- A TRUE LONG-STOP, RUNNING FROM THE CLAIM ARISING AND NOT FROM DISCOVERY. It bars the claim even where the claimant never discovered it. Section 3(3) defines when a claim arises: (a) continuing course of conduct or series of related acts or omissions, when the conduct terminates or the last act or omission occurs; (b) breach of duty, when the conduct, act or omission occurs; (c) demand obligation, when default occurs after a demand for performance is made; (d) Fatal Accidents Act proceeding, when the conduct that causes the death occurs; (e) contribution, when the claimant is made a defendant or incurs liability through settlement, whichever first occurs; (f) recovery of possession of real property, when the claimant is dispossessed, though see s 3.2 which now removes any limitation period for recovery of possession. Burden of proof on the DEFENDANT (s 3(5)(b)).