When is the deadline for claim for contribution or indemnity - discovery trigger?
The catalogue records a 2 years period from The later of the day the claimant is served with a pleading in respect of the underlying claim and the first day the claimant knew or reasonably ought to have known a claim for contribution or indemnity may be made. This draft page remains free only until its source, worked example and limits are reviewed.
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Example pending review
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Calculation basis and source
- Period
- 2 years
- Trigger
- The later of the day the claimant is served with a pleading in respect of the underlying claim and the first day the claimant knew or reasonably ought to have known a claim for contribution or indemnity may be made
- 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.
- Section 16 is a special discovery rule; the operative period remains the 2 year basic period under s 6(1). For the ultimate period, s 21(2)(c) fixes the start at service of the pleading in the underlying claim. Note the interaction with SCCR r 3-5(4)(b), which allows a third party notice within 42 days after filing of the response without leave: the procedural window and the limitation period are independent and the shorter one governs in practice. Limitation Act s 22(2) expressly prevents s 22(1) from reviving a contribution or indemnity claim whose limitation period has expired.