When is the deadline for ultimate limitation period - fifteen years from the act or omission?
The catalogue records a 15 years period from Day on which the act or omission on which the claim is based occurred. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 years
- Trigger
- Day on which the act or omission on which the claim is based occurred
- Counting
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- NONE by judicial order. The fifteen-year period is displaced only where s 16(a) applies: if a defendant wilfully conceals from a claimant the existence of a claim, the defendant cannot rely on the expiry of the period in s 5(1)(b) as a defence. Section 14.1 removes any limitation period for the claims it covers. Never compute an extension.
- The word in s 5(1) is 'the EARLIER of', so the fifteen-year longstop can cut off a claim that has not yet been discovered. Suspended while the claimant is a minor (s 17) but NOT suspended for incapacity, because s 18(1) suspends only the periods in ss 5(1)(a), 9(1)(b)(i), 11(a), 14(1)(a) and 14(2)(a).