When is the deadline for six-month extension on the end of a suspension for minority or disability?
The catalogue records a 6 months period from The end of the suspension of the limitation period under s 13 (minor) or s 14 (person under a disability). This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 6 months
- Trigger
- The end of the suspension of the limitation period under s 13 (minor) or s 14 (person under a disability)
- 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.
- Automatic; not discretionary.
- Only engages where fewer than six months of the limitation period remain when the suspension ends. A potential defendant may end the suspension by giving a compliant notice to proceed under s 15 (to the parent or guardian, or to the committee or substitute decision maker, and in every case also to the Public Guardian and Trustee), which must warn that the limitation period begins to run on the date the notice is given. Section 15 does not apply to a claim a minor or person under a disability may have against their parent, guardian, committee, substitute decision maker or the Public Guardian and Trustee (s 15(9)). A person is at all times presumed capable unless the contrary is proved (s 14(2)).