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When is the deadline for restart of a limitation period on part payment?

The catalogue records a 2 years period from Time of the part payment of a liquidated or unliquidated monetary obligation, made before the expiry of the relevant limitation period. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
2 years
Trigger
Time of the part payment of a liquidated or unliquidated monetary obligation, made before the expiry of the relevant limitation period
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; the restart is automatic where the statutory conditions are met.
  • Added on verification: missing from the researched catalogue, which encoded the acknowledgment restart in s 19 but not the part payment restart in s 20. Section 20(2): the payment must be made by the defendant or the defendant's agent to the claimant, the claimant's agent, or an official receiver or trustee. Section 20(3): no restart where the payment is made as full payment, settlement or discharge, or is made without prejudice or on the basis that liability beyond the amount paid is not accepted, or where the defendant reserves the limitation defence.

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